Navin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53967 of 2024 Arising Out of PS. Case No.-1234 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Navin Yadav S/o Chhotelal Yadav @ Rajiv Yadav R/o Mohalla_ Baluahi, P.S. Khagaria, Distt. Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 1234 of 2022 dated 20.11.2022, lodged under Sections 147, 148, 149, 447, 427, 307, 504, 506, 385 of the Indian Penal Code read with section 27 of the Arms Act.
3. As per the prosecution case, FIR has been lodged against 18 named accused persons including the present petitioner against whom there is an allegation that they have assaulted the informant and fired indiscriminately upon the informant and his nephews.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.53967 of 2024(2) dt.31-07-2024 2/3 also submits that there is general and omnibus allegation against all the accused persons. Counsel further submits that from the contents of FIR, it is very much clear that the dispute was relating to agriculture work on the land. Counsel submits that charge has already been framed in this case.
5. Learned counsel for the petitioner further submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner is in custody since 18.03.2024 in the present case. Counsel submits that the petitioner is alleged to be the order giver.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 1234 of
Patna High Court CR. MISC. No.53967 of 2024(2) dt.31-07-2024 3/3 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.
8. Pending case against the petitioner is as follows:- (I)- Muffasil P.S. Case No. 811 of 2023.
(Dr. Anshuman, J) Divyansh/- U T