Rakesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30028 of 2022 Arising Out of PS. Case No.-391 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rakesh Yadav Son Of Gandhari Yadav R/O Village- Maranga, P.S.- K.Hat, District- Purnea ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in connection with K. Hat (Maranga) P.S. Case No. 391 of 2019 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.
As per the prosecution, while the informant was talking to his father and brother then this petitioner along with other coaccused persons came riding on two motorcycles and started indiscriminate firing, due to which father of the informant received gun shot injury and ultimately died. The main submissions advanced by learned counsel Mr. Bhola Prasad, appearing for the petitioner are that there is no specific allegation of firing against the petitioner in the FIR and similarly situated co-accused persons namely, Pankaj Samrat @
Patna High Court CR. MISC. No.30028 of 2022(4) dt.22-02-2023 2/3 Ram Chandra Sharma and Niraj Samrat @ Niraj Kumar Samrat who are also named in the FIR have been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No. 32381 of 2021 and one co-accused namely, Balkishore @ Babloo Sah though he is not named in the FIR but during investigation he confessed his role in the alleged crime, has also been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 59096 of 2019 and other coaccused namely, Bharat Bhusan Deshbhakt @ Bharat Bhusan Yadav has also been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 57376 of 2021 and the petitioner has been languishing in jail since 07.07.
2021 and as per the report of court below the petitioner's case has recently been committed and his trial is not started till now. Learned APP Mr.
Patna High Court CR. MISC. No.30028 of 2022(4) dt.22-02-2023 3/3 this Court is not inclined to accept his prayer for bail. Accordingly, petitioner's prayer for bail stands rejected. The petitioner may renew his prayer for bail after the framing of charge.
(Shailendra Singh, J.) maynaz/- U T