Ratnesh Yadav @ Ratan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51535 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- MANJHI District- Saran ====================================================== Ratnesh Yadav @ Ratan Yadav Son Of Rameshwar Yadav Village Gauri Ps Manjhi District Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 504, 324, 307, 302, 427, 485, 120(B) of the Indian Penal Code. The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner have committed murder of son and nephew of the informant by means of lathi, danda, rod etc. The alleged occurrence occurred in the background of previous enmity.

Patna High Court CR. MISC. No.51535 of 2023(3) dt.18-09-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence. The petitioner is not named in the F.I.R and no any consistent material has come against him to suggest his complicity in the alleged occurrence. The petitioner is only alleged to be the member of the mob and no specific overt act has been attributed against him. The petitioner is languishing in custody since 07.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated coaccused has been granted bail by a coordinate Bench of this Court vide order dated 29.08.2023 passed in Cr. Misc. No. 44203 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.51535 of 2023(3) dt.18-09-2023 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Chapra in connection with Manjhi P.S. Case No. 38 of 2023(Sessions Trial No. 261/2023).

(Sunil Kumar Panwar, J) Shageer/- U T