Ramkrishna Yadav @ Ramu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48100 of 2023 Arising Out of PS. Case No.-36 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== Ramkrishna Yadav @ Ramu Yadav Son Of Mofat Yadav Resident Of VillageShakarhar, Ps- Beldour, Distt- Khagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajnish Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the informant alleged that FIR named accused persons surrounded the father of the informant and fired upon him due to which informant's father died. The petitioner is alleged to member of mob.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is alleged to be only member of mob due to which he has falsely been implicated in this case. From perusal of FIR, no specific overt-act against the petitioner of firing upon the

Patna High Court CR. MISC. No.48100 of 2023(2) dt.04-08-2023 2/2 deceased. Moreover, similarly situated co-accused namely, Sajan Mandal has already been granted bail by a co-ordinate Bench of this Court vide order dt. 26.4.2022 passed in Cr. Misc. No. 10778 of 2022 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 13.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gwalpara P.S. Case No. 36 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Madhepura. (Sunil Kumar Panwar, J) Amandeep/- U T