Raushan Yadav @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33666 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -KASIMBAZAR District- MUNGER ====================================================== Raushan Yadav @ Raushan Kumar, son of Girdhari Yadav, resident of Mohalla- Sandalpur, Jhajha Tola, P.S.- Kasim bazar, District- Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Adv. For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner is languishing in jail custody since 13.04.2015 in connection with Kasim Bazar P.S. Case No. 66 of 2015 for offences alleged under Sections 386, 326, 307/34 of the Indian Penal Code, 27 of the Arms Act along with Section 3/4 of the Explosive Substance Act.
The prosecution case is that on 12.04.2015 at about 7.00 A.M the informant Raj Kumar Sah has submitted a written report before the S.H.O of Kasim Bazar Police Station stating inter-alia that about one month ago co-accused Rana Yadav had demanded Rs. 2 lacs as extortion from the informant for which he had lodged an F.I.R bearing Kasim Bazar P.S. Case No. 50 of 2015 against said Rana Yadav. It has further been alleged that on 11.04.2015 about 10.30 P.M the accused Rana Yadav, this
Patna High Court Cr.Misc. No.33666 of 2015 (2) dt.19-08-2015 2/3 petitioner and other unknown miscreants came at his house on a motorcycle and called his brother Ashok Sah. On call when nephew of the informant namely, Sumit Anand opened the door, Rana Yadav fired upon him which hit on his abdomen. It has further been alleged that informant and others chased the miscreants then the miscreants throw bomb which hit on a wall and exploded. In spite of that they chased the miscreants then the miscreants made firing as a result, one Mukesh Yadav sustained fire arm injury. In the meanwhile, miscreants fell down from the motorcycle and fled away leaving the motorcycle. It has further been said that nephew of the informant and Mukesh Kumar were brought to Sadar Hospital, Munger from where his nephew was referred to Patna for better treatment.
It has been submitted by the learned counsel for the petitioner that he has been falsely implicated in the instant case and there is no allegation in the FIR that he accompanied the coaccused Rana Yadav to the house of the informant and even the motorcycle belongs to one Bhuneshwar Mandal and not to him. It has further been submitted that there is an enmity between the parties due to land dispute.
Under such circumstances, let the petitioner, Raushan Yadav @ Raushan Kumar, be enlarged on bail on furnishing bail
Patna High Court Cr.Misc. No.33666 of 2015 (2) dt.19-08-2015 3/3 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Munger in connection with Kasim Bazar P.S. Case No. 66 of 2015 corresponding to G.R. No. 655 of 2015. (Nilu Agrawal, J) Prakash/- U T