Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41856 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Subhash Yadav, aged about 24 years (Male), S/O Bijay Yadav, R/O Village Balwapar, P.S. Warsaliganj, Distt-Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party :

Mr. Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Warsaliganj P.S. Case No. 29 of 2024 dated 15.01.2024 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 354, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, on 12.01.2024 at 7.00 O'clock, all the accused persons including the petitioner attacked the house of the informant and threatened to withdraw the cases otherwise they would kill them and when the informant opposed to abuse then on the order of the co-accused Mishri Yadav, the co-accused Pappu Yadav fired which hit

Patna High Court CR. MISC. No.41856 of 2024(2) dt.20-06-2024 2/3 the left thigh of her son Santu Raut and other accused persons entered the house of the informant and the co-accused Mishri Yadav and Subhash Yadav (petitioner) started teasing with females and damaged the household articles and committed theft of costly items.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is a member of the mob. There is no specific allegation against the petitioner. The specific allegation of firing on the informant's son is against the co-accused Pappu Yadav. The petitioner is a co-villager and there is land dispute between the parties. The petitioner has seven criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 27.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M., Nawada, in

Patna High Court CR. MISC. No.41856 of 2024(2) dt.20-06-2024 3/3 connection with Warsaliganj P.S. Case No. 29 of 2024 with further condition:- (I) The petitioner is 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 bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T