Patna High CourtCR. MISC./32277/2022bail granted

Rahul Yadav v. The State Of Bihar

2022-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25007 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- BIND District- Nalanda ====================================================== BAJRANGI YADAV Son of Raqmavtar Yadav @ Ramautar Gope Resident of Village - Nauranga, P.S.- Bind, Distt.- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25654 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- BIND District- Nalanda ====================================================== DULARCHAND YADAV Son of Vijendra Yadav @ Vijendra Prasad Resident of Village - Balwapar (Uttarnama), P.S.- Rahui, Distt.- Nalanda. (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32277 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- BIND District- Nalanda ====================================================== RAHUL YADAV Son of Chhote Yadav @ Chhote Gope Resident of Village - Nauranga, P.s.- Bind, Distt.- Nalanda. (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 25007 of 2022) For the Petitioner/s :

Mr.Nilesh Sinha, Mrs. Soni Shrivastava For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 (In CRIMINAL MISCELLANEOUS No. 25654 of 2022) For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab (In CRIMINAL MISCELLANEOUS No. 32277 of 2022) For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2022 Learned counsel for the petitioners is permitted to

Patna High Court CR. MISC. No.25007 of 2022(2) dt.17-08-2022 2/3 remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State in all three bail petitions and this bail petitions are disposed of with common order.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 201 and 120B read with 34 of the Indian Penal Code. As per the prosecution case, the informant got an information that dead body of his son was lying in a village Nauranga. When the informant reached there he came to know that the petitioner and other co-accused persons in connivance with one another killed the son of the informant under conspiracy.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. There is general and omnibus allegation against the petitioners. It is further submitted that there is no eye witness in this case. It is further stated that the informant has not disclosed the source of information. The petitioners have clean antecedent as stated in para 3 of their respective bail petition. The petitioner in Criminal Misc No. 25007 of 2022 is in custody since 16.08.2022, the petitioner in

Patna High Court CR. MISC. No.25007 of 2022(2) dt.17-08-2022 3/3 Criminal Misc No. 25654 of 2022 is in custody since 24.07.2021 and the petitioner in Criminal Misc No. 32277 of 2022 is in custody since 30.08.2021. The other co-accused has already been granted bail vide order dated 28.02.2022 passed in Criminal Misc No. 66064 of 2021 by the Co-ordinate Bench. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VIII, Nalanda ( Bihar Sharif), in connection with Bind P.S. Case No. 51 of 2021, with a condition:-

1. The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T