Rinkesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48930 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== RINKESH YADAV S/o RAVINDRA YADAV R/o VILLAGE-SONVARSHA, P.S-CHAUTHAM, DISTRICT-KHAGARIA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54068 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== RAVINDRA YADAV Son of Narsingh Yadav Resident of Village- Sonbarsha, P.S.- Choutham, District- Khagaria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 48930 of 2021) For the Petitioner/s :
Mr. Pramod Mishra, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 54068 of 2021) For the Petitioner/s :
Mr. Roshan Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-03-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in connection with Chautham P.S. Case no.103 of 2020 registered under sections 307, 341, 323, 384 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the named accused persons including the two petitioners herein and one another are said to have fought with the informant and others over fishing. It is stated that thereafter the accused Ramesh Yadav caught hold
Patna High Court CR. MISC. No.48930 of 2021(3) dt.29-03-2022 2/2 of the father and brother of the informant and as a result of firing by Rinkesh Yadav and Pandav Yadav, the brother of the informant sustained gunshot injuries in his stomach. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case over a trivial dispute relating to fishing. The allegation in the F.I.R. are false and the manner of occurrence is other than what has been narrated in the F.I.R. The petitioners are in custody since 2.9.2020 and 20.1.2021 respectively. Chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of allegation and the petitioners having remained in custody for more than 1 year, the Court directs both the petitioners to be enlarged on bail in connection with Chautham P.S. Case no.103 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria/learned Sessions Judge, Khagaria. (Partha Sarthy, J) Saurabh/- U T