Raja Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 11029 of 2021 Arising Out of PS. Case No.-25 Year-2003 Thana- GURUA District- Gaya ====================================================== RAJA RAM YADAV SON OF LATE BINDESHWARI YADAV Resident of Village - Kathwara, P.S.- Gurua, Distt.- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Krishna Prasad Singh, Sr Advocate with M/s Bhaskar Shankar, Saket Kr Singh, Advocates For the Opposite Party/s :

Mr Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2021 This case has been taken up for consideration today through Video Conferencing.

Heard learned senior counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Gurua Police Station (for brevity, PS) Case No 25 of 2003 instituted for the offence punishable under Sections 307,341, 323, 147, 148, 149 of Indian Penal Code and Section 27 of Arms Act.

There is allegation that while the informant was on his way, the petitioner along with other co-accused persons, has surrounded him, armed with lathi/danda, and assaulted him. The brother of the informant and co-villagers have, thereafter, come to his rescue. In this latter part, it is alleged that co-

Patna High Court CR. MISC. No.11029 of 2021(2) dt.06-07-2021 2/3 accused Upendra Yadav fired upon Mundrika Yadav. Coaccused Rajendra Paswan fired upon Sanjay Yadav and Akhilesh Yadav.

Learned senior counsel for the petitioner submits that there is no allegation against the petitioner that he has fired upon anyone. He is accused of assaulting the informant and other persons with general and omnibus allegations without specifying the assault. It is submitted that the petitioner is having one criminal antecedent in Gurua PS Case No 16 of 2006 in which case he is in custody. The petitioner, in the instant case, is in custody since 28.09.2020 and co-accused Upendra Yadav, similarly situated as the petitioner, has been allowed bail by this Court in Cr Misc No 38842 of 2020. Learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.11029 of 2021(2) dt.06-07-2021 3/3 he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T