Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6140 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== 1.
Rajesh Yadav, Son of Rajendra Yadav, 2.
Awdhes Yadav S/o Rajendra Yadav, Both are Residents of Village- Birpur, Ward No. 13, P.S.- Birpur, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kr. Alok, Adv.
: Mr.Pramod Kr. Verma, Adv.
For the Opposite Party/s :
Md.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2021 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertake to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 307, 379, 324 of the Indian Penal Code later on Section 302 I.P.C. has been added.
The allegation against the petitioner along with other accused persons is of forming an unlawful assembly and in prosecution of the common object of the said unlawful assembly they have committed murder of the nephew of the informant.
Patna High Court CR. MISC. No.6140 of 2021(2) dt.02-03-2021 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the FIR and their names have transipred only during the course of investigation. Allegation against the petitioner is that he is the member of the mob. The petitioners are languishing in judicial custody since 16.10.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition. The coaccused have been granted bail by this Hon'ble Court vide order dated 29.01.2021 passed in Cr. Misc. No.32239/2020 and order dated 12.02.2021 passed in Cr. Misc. No.32462/2020. Learned APP for the State opposes the prayer for bail of the petitioners.
Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Birpur P.S. Case No. 61/2020 to the satisfaction of the learned A.C.J.M.-VIth, Begusarai.
(Anjani Kumar Sharan, J) amitkumar/- U T