Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53192 of 2024 Arising Out of PS. Case No.-397 Year-2022 Thana- BARARI District- Katihar ====================================================== 1.
Rajesh Yadav S/o Late Ramdas Yadav R/o vill - Bakiya Sukhay, P.S. - Barari, Distt. - Katihar 2.
Gyas Yadav @ Vibhash Yadav S/o Sri Kriti Yadav @ Kritya Yadav R/o vill - Bakiya Sukhay, P.S. - Barari, Distt. - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seeks regular bail in connection with Barari P.S. Case No. 397/2022 lodged on 02.12.2022 under Section 147/148/149/341/386/302/102B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against five named and 15 unknown accused persons and the specific allegation made by the informant is on Mohan Thakur and Awdhesh Yadav who have fired upon the deceased.
4. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.53192 of 2024(2) dt.31-07-2024 2/3 also submits that the petitioners are not named in the F.I.R. and the name of the petitioner has been figured in this case during investigation. Counsel further submits that the criminal antecedent of the petitioner is not clean and there are two cases pending against him in which he is on bail. The petitioners are in custody since 29.02.2024. He further submits that series of accused persons have been granted bail by this Court as well as by the co-ordinate Bench of this Court which are mentioned in paragraph 18 of the Bail petition.
5. Learned APP for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named by granted bail on being satisfied by the Trial Court that the petitioners are not absconding in any of the cases pending against him which are mentioned below as well as on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Chief Judicial Magistrate-III, Katihar in connection with Barari P.S. Case No. 397/2022 subject to the condition laid down under Section 437(3) of the Cr.P.C. • Barari P.S. Case No. 403/2022.
Patna High Court CR. MISC. No.53192 of 2024(2) dt.31-07-2024 3/3 • Barari P.S. Case No. 154/2012.
(Dr. Anshuman, J) Sunnykr/- U