Rakesh Yadav @ Raka And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41962 of 2015 Arising Out of PS.Case No. -271 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== RANJEET KUMAR YADAV @ RANJEET YADAV S/o Ashok Yadav Resident of Village - Maranga, P.S. - K. Hat (Maranga), Distt. - Purnea .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.45797 of 2015 Arising Out of PS.Case No. -271 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================
1. Rakesh Yadav @ Raka Son of Gandhari Yadav
2. Rupesh Yadav S/o Panchlal Yadav Both resident of Village Maranga P.S. K. Hat (Maranga) District Purnea .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.41962 of 2015) For the Petitioner : Mr. Dhananjaya Nath Tiwari For the Opposite Party : Mr. Ashok Kumar(App) (In Cr.Misc. No.45797 of 2015) For the Petitioners : Mr. Mukesh Kumar Jha For the Opposite Party : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2015 Heard the counsel for the petitioners and counsel for the State.
The petitioners are languishing in jail since 06.06.2015 and 27.06.2015 respectively in a case instituted under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of he
Arms Act.
The prosecution case, in brief, is that while the informant along with his brother Chandra Prakash @ Chintu was selling cloths in their cloth shop on 24.04.2015 at about 10.30 A.M., accused persons including the petitioners and 8-10 unknown persons armed with pistols came to the shop and taken his brother Chandra Prakash out of the shop and accused Chhotu Yadav alias Dhananjay fired from his pistol upon his brother Chandra Prakash and after taking his brother to some distance all the other accused fired upon him indiscriminately as a result of which his brother died on the spot.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 06.06.2015 and 27.06.2015 respectively. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. The specific allegation is against one Chhotu Yadav alias Dhananjay. No specific injury is attributed against the petitioners. There is general and omnibus allegation against the petitioners. Co-accused Binay Sah @ Binay Kumar @ Vinay Kumar has been granted anticipatory bail by this Court in Cr.Misc.No.29258 of 2015. On behalf of the State, it has been submitted that the petitioners are named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with K.Hat (Sahayak) P.S.Case No.271 of 2015. (Sudhir Singh, J) B.Kr./- U T