Patna High CourtCR. MISC./52829/2024bail granted

Rana Yadav v. The State Of Bihar

2024-07-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52829 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Rana Yadav Son of Late Vishudev Yadav Resident Of Rabri Nagar Paura PsGogri District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gogari (Paura) P.S. Case No. 381 of 2023 instituted for the offences under Sections 341, 323, 307, 386, 387, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, the accused persons including this petitioner came at the house of the informant, threatened and demanded extortion money from him. It is further alleged that in the meantime, co-accused Monu Yadav fired upon the mother of the informant due to which she sustained injuries.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.52829 of 2024(2) dt.20-07-2024 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of causing firearm injury is attributed to the coaccused Monu Yadav. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.03.2024 and has ten criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that the bail petition of the co-accused person Mannu Yadav was rejected by this Bench vide order dated 18.04.2024 passed in Cr. Misc. No. 27554 of 2024.

6. Considering the aforesaid facts and circumstances of the case, no specific allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gogari (Paura) P.S. Case No. 381 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.52829 of 2024(2) dt.20-07-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T