Ricky Yadav @ Ricky Kumar @ Ritik Yadav @ Vicky Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53382 of 2023 Arising Out of PS. Case No.-164 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== 1.
RICKY YADAV @ RICKY KUMAR @ RITIK YADAV @ VICKY YADAV SON OF ASHOK YADAV RESIDENT OF VILLAGE- CHAKIYA PAR, CHAK CHICHAUL, PS- NAUBATPUR, DISTT- PATNA 2.
GOLU KUMAR SON OF LATE RAJ KUMAR YADAV RESIDENT OF VILLAGE- CHAKIYA PAR, CHAK CHICHAUL, PS- NAUBATPUR, DISTT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deovind Kumar Singh Mr. Utpal Kant For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Session Trial No. 581 of 2022 arising out of Naubatpur P.S. Case No. 164 of 2021 dated 17.3.2021 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant's father started chasing thieves but one of the thieves fired on him which hit his back and he died during the course of the treatment at PMCH, Patna.
Patna High Court CR. MISC. No.53382 of 2023(2) dt.25-08-2023 2/3
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing incriminating material have been recovered from the conscious possession of the petitioners. The petitioners are not named in the FIR. Their names have been sprung up in the self-confessional statements. The petitioner No. 1 has 6 criminal antecedents and the petitioner No. 2 has 9 criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 14.12.2021.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur in connection with Session Trial No. 581 of 2022 arising out of Naubatpur P.S. Case No. 164 of 2021 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.53382 of 2023(2) dt.25-08-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T