Ragho Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5940 of 2018 Arising Out of PS.Case No. -69 Year- 2015 Thana -ROUH District- NAWADA ======================================================
1. Ragho Yadav S/o Late Chhotu Yadav, R/o Village- Garura, P.S.- Roh, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Adv. Mr. Rohit Kumar, Adv.
For the Informant : Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.
Co-accused Ranjeet Yadav @ Ranjit Yadav has already been granted bail by this Court vide order dated 26.02.2018 passed in Cr. Misc. No. 58875 of 2017 considering the nature of allegation and period already undergone. Ranjeet Yadav lodged Roh P.S. Case No. 68 of 2015 on 15.08.2015 regarding murder of his elder brother Surendra Yadav. According to the present FIR, 10 accused persons including the petitioner were performing cremation of
Patna High Court Cr.Misc. No.5940 of 2018 (3) dt.14-03-2018 2/3 Surendra Yadav. At the same time, husband of the informant was passing by. All of them caught him and bitterly assaulted him and caused his death and put the dead body on the pyre of Surendra Yadav.
Submission is that the petitioner is aged about 92 years which would be evident from the Aadhaar Card wherein date of birth is entered. Moreover, wife of the petitioner has already died recently and the petitioner has to perform Shradh. Learned counsel for the informant opposed the prayer for bail on the ground that another Coordinate Bench of the Court has refused the prayer for bail to co-accused Deoki Yadav and Gauri Yadav having similar allegation.
Considering the fact that the petitioner is a very aged person as well as considering the fact that his wife has died and he has to perform Shradh, coupled with the facts that coaccused Ranjeet Yadav @ Ranjit Yadav has been allowed bail considering the merit of the case, let the petitioner, above named, be released 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 below where the case is pending in connection with Roh Police Station Case No. 69 of 2015, subject to the condition that the petitioner shall fully cooperate with the
Patna High Court Cr.Misc. No.5940 of 2018 (3) dt.14-03-2018 3/3 investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T