Patna High CourtCR. MISC./55761/2022partly allowed disposal

Rahul Yadav v. The State Of Bihar

2023-02-06Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55761 of 2022 Arising Out of PS. Case No.-131 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

RAHUL YADAV Son of Shri Bijendra Yadav Resident of Village - Hira Tola, Ward No.1, P.O.- Rahimpur, P.s.- Sahebpur Kamal, Distt.- Begusarai. 2.

Bijendra Yadav Sonof Late Pahari Yadav Resident of Village - Hira Tola, Ward No.1, P.O.- Rahimpur, P.s.- Sahebpur Kamal, Distt.- Begusarai. 3.

Pinki Devi W/o Shri Birbal Yadav Resident of Village - Hira Tola, Ward No.1, P.O.- Rahimpur, P.s.- Sahebpur Kamal, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganga Prasad Bimal For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-02-2023 Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 342, 307, 353, 337, 338 and 504 of the Indian Penal Code, registered in connection with Sahebpur Kamal P.S.Case No. 131 of 2022. The police got an information that co-accused Kare Singh, after firing shot and making injured Sudhir Kumar, is taking shelter in the house of co-accused Birbal Yadav. Thereafter, the house of Birbal Yadav was raided, where the petitioners along with co-accused Birbal Yadav and Kanhaiya Yadav and 10-15 unknown persons pelted stones on the police party making the informant injured.

The learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.55761 of 2022(2) dt.06-02-2023 2/2 that the entire allegation is false. The petitioners have falsely been implicated in this case. There is no allegation against them of opening fire on the injured Sudhir Kumar, rather it is only against co-accused Kare Singh.

Considering the above facts and circumstances, let petitioner no.3, Pinki Devi, in the event of her arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-10, Begusarai in connection with Sahebpur Kamar P.S.Case No. 131 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C.

So far as petitioner no.1 and 2 Rahul Yadav and Bijendra Yadav are concerned, they have criminal antecedents and considering the allegation, their prayer for anticipatory bail is rejected.

(Nawneet Kumar Pandey, J) HR/- U T