Laddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54036 of 2021 Arising Out of PS. Case No.-129 Year-2021 Thana- BARARI District- Katihar ====================================================== LADDU YADAV SON OF LATE MADNAL YADAV Resident of Village - Madheli Bandh, P.S.- Barari, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Barari P.S. Case No. 129/2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

The allegation in nutshell is that about seven named accused persons arrived at the house of the informant where the father-in-law of the informant was sleeping and they fired upon her faher-in-law, due to which, he sustained injuries near his chest and nose and died. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.54036 of 2021(2) dt.13-05-2022 2/3 from perusal of the First Information Report it would be evident that the petitioner is not the assailant and in the second part of the FIR the informant has stated that the Mukhiya Rakesh Yadav hatched the conspiracy and got the father-in-law of the informant killed by named accused persons. In the last line of the FIR a vague statement has been given by the informant that the petitioner was also involved in the present offence. Learned counsel further submits that allegation against the petitioner is vague and he has been implicated in this case with oblique motive. The petitioner is in custody since 30.6.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is not the assailant, he is in custody since 30.6.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like

Patna High Court CR. MISC. No.54036 of 2021(2) dt.13-05-2022 3/3 amount each to the satisfaction of learned A.C.J.M. III, Katihar, in connection with Barari P.S. Case No. 129/2021. (Anil Kumar Sinha, J) S.Ali/- U T