Kranti Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29274 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Kranti Kumar Yadav S/o Sri Umesh Yadav @ Umesh Kumar Yadav R/o vill - Koshkapur North, P.S. - Raniganj, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kr. Thakur, Adv.
Ms. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. handra Bhushan Prasad, APP For the Informant :
Mr. Rabindra Kr. Priyadarshi, Adv.
Mr. Dheeraj Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State as also counsel for the Informant.
2. The petitioner seeks bail in connection with Raniganj P.S. Case No. 338 of 2023 instituted for the offences under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the allegation against the accused persons is that they armed with various weapons came at the house of the Informant and started knocking the door and when the Informant's son opened the door, in the meantime, coaccused Madhav Yadav @ Lat Sahab fired upon his son due to which he sustained gunshot injury and died on the spot.
Patna High Court CR. MISC. No.29274 of 2024(2) dt.19-04-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that the petitioner is neither the assailant of the deceased nor was allegedly present at the place of occurrence on the alleged day of occurrence and, mere on suspicion, he has been alleged to be one of the conspirators of the alleged crime. Charge-sheet has been submitted in this case. The petitioner has three criminal antecedents out of which in one of them he has been acquitted and in the rest of the two cases, he is on bail. The petitioner is languishing in judicial custody since 02.09.2023.
5. Learned counsel for the petitioner further submitted that co-accused Bhavesh Yadav @ Bhavesh Kumar has been granted bail by this Court vide order dated 30.01.2024 passed in Cr. Misc. No. 3815 of 2024.
6. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, submitting that the offence alleged is grievous in nature and, thus, the petitioner does not deserve bail.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as
Patna High Court CR. MISC. No.29274 of 2024(2) dt.19-04-2024 3/3 also taking into account the period of custody of the petitioner and the co-accused having been granted bail by this Court, let the petitioner, abovenamed, be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raniganj P.S. Case No. 338 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T