Raj Kumar Yadav @ Rama Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56081 of 2023 Arising Out of PS. Case No.-242 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== Raj Kumar Yadav @ Rama Nand Singh S/O- Late Prabhu Singh Yadav @ Prabhu Yadav Village- Chhatarpur Ps- Noorsarai Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N. A. Shamsi For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 324, 326, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act later on Section 302 of the IPC was also added.

As per prosecution case, the allegation against the accused persons including the petitioner is that they assaulted the informant by lathi, danda, fists and slpas due to which he sustained injuries. It is further alleged that upon the petitioner's order co-accused persons also fired upon

Patna High Court CR. MISC. No.56081 of 2023(2) dt.31-08-2023 2/3 him due to which he sustained gunshot injury and after two months he succumbed to injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father of the deceased and due to family dispute and land dispute he has falsely been implicated in this case. The petitioner is a retired person who is aged about 73 years and there is no specific allegation of commission of murder levelled against him. It is further submitted that no consistent material has come out against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 24.06.2023 passed in Cr. Misc. No. 33539 of 2023. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is

Patna High Court CR. MISC. No.56081 of 2023(2) dt.31-08-2023 3/3 directed to be released on bail in connection with Noorsarai P.S. Case No. 242 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T