Raj Ballabh Yadav @ Kallu @ Raj Ballam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29927 of 2025 Arising Out of PS. Case No.-702 Year-2023 Thana- FATUA District- Patna ====================================================== Raj Ballabh Yadav @ Kallu @ Raj Ballam Yadav, S/o Late Ram Ishwar Singh, R/o Village- Surangapar, P.S.- Fatuha, District- Patna ... ... Petitioner/s
Versus
sThe State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand, Advocate Mr. Roop Kishan, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Fatuha P.S. Case No. 702 of 2023 dated 15.09.2023 instituted for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged date of occurrence, when the elder son of the informant was coming back after milking the cattles, the petitioner and other accused persons indiscriminately firing upon her son causing injury on chest and consequently, he died. It is alleged that occurrence took place on account of dispute relating to land and due amount of milk.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.29927 of 2025(2) dt.15-05-2025 2/2 case. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. It is submitted that as per the F.I.R., 13 accused persons fired upon the deceased but only one injury has been found on his body. Similarly situated coaccused, namely, Ram Shuhavan Gop @ Ram Suhawan Singh @ Ramsohawan Singh has been granted bail vide order dated 21.08.2024 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 43961 of 2024. Lastly, it has been submitted that the petitioner is in custody since 08.12.2024 having one criminal case against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City in connection with Fatuha P.S. Case No. 702 of 2023. (Khatim Reza, J) premchand/- U T