Patna High CourtCR. MISC./50985/2024bail granted

Anil Yadav v. The State Of Bihar

2024-08-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50985 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- RAJAON District- Banka ====================================================== Anil Yadav SON OF Bhagli Yadav Village- Orahara, Police Station -Rajoun, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Suman Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2024 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 Rajoun P.S. Case No. 22 of 2024 dated 06.01.2024 registered for the offences punishable u/ss 341, 323, 307, 504, 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the co-accused persons, Lalu Yadav, Srikant Yadav and Suresh Yadav are alleged to have fired on the temple of the informant's son due to which he fell down and sustained injury. Thereafter, the injured was taken to the hospital for treatment. It is further alleged that the petitioner and the co-accused persons kept the informant's

Patna High Court CR. MISC. No.50985 of 2024(2) dt.06-08-2024 2/3 son at the place of occurrence and shot by the co-accused, Srikant Yadav.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 04.01.2024 but the F.I.R. was lodged on 06.01.2024 and there is no explanation for this delay. From the first part of the F.I.R. the allegation of firing against the co-accused, Laloo Yadav, Suresh Yadav and Ajit Sharma and the second part of the F.I.R. the allegation of firing has been alleged against the co-accused, Srikant Yadav. The name of the petitioner has been added in the second part of the F.I.R. As per the injury report of the injured Jitendra Kumar, the injury is grievous in nature but no allegation of firing or any specific overt act has alleged against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents and the petitioner is acquitted in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 15.02.2024.

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 above-

Patna High Court CR. MISC. No.50985 of 2024(2) dt.06-08-2024 3/3 named, 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 concerned, Banka in connection with S.T. No. 177 of 2024 arising out of Rajoun P.S. Case No. 22 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T