Rajendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54847 of 2024 Arising Out of PS. Case No.-38 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Rajendra Yadav S/o Guddar Yadav R/o Vill - Dharampur, P.S. - Laukaha, Distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Bharti, Adv.
For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Laukaha P.S. Case No. 38/2023 dated 15.02.2023 registered for the offence punishable u/ss 302 and 120B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, 2-3 months ago, 15 other co-accused persons threatened the informant not to do business. 1-2 years ago, they have threatened to kill the informant. Further, few month ago, when the SSB personnel seized their pickup van with Nepali articles, they thought it would be the conspiracy of the informant. On 15.02.2023, at 6 pm, the four co-accused persons with 3-4 unknown miscreants
Patna High Court CR. MISC. No.54847 of 2024(4) dt.12-09-2024 2/3 boarded on a motorcycle came to the door of the informant and started searching the informant. When they didn't find the informant, then one of them caught the father of the informant and shot on his chest, who died on the spot.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case during the course of investigation. There is general and omnibus allegation against the petitioner. The petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 14.05.2024 passed in Cr. Misc. No. 34192 of 2024. The petitioner is accused in nine more criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.05.2023.
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 as well as the period of custody, the petitioner abovenamed, 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
Patna High Court CR. MISC. No.54847 of 2024(4) dt.12-09-2024 3/3 concerned, Jhanjarpur, Madhubani in connection with Laukaha P.S. Case No. 38/2023 giving rise to S.T.No. 628 of 2023 corresponding to G.R. Case 279/2023, with the 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. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T