Patna High CourtCR. MISC./58646/2024bail granted

Rahul Yadav v. The State Of Bihar

2024-08-31Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58646 of 2024 Arising Out of PS. Case No.-625 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Rahul Yadav son of Kailash yadav @ Faishon @ Faishon Yadav VillageLatra, P.S-Gopalpur, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gopalpur (Rangra) P.S. Case No. 625 of 2022 dated 14.12.2022, lodged under Sections 302, 34 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against four named accused persons against whom there is an allegation that they have killed the informant's brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR and his name has been transpired in this case by virtue of the confessional statement of the co-accused. Counsel further

Patna High Court CR. MISC. No.58646 of 2024(2) dt.31-08-2024 2/3 submits that the criminal antecedent of the petitioner is not clean as there are 11 criminal cases pending against him in which in five cases, he is on bail and in rest six cases, he is persuading for bail. The petitioner is in custody since 12.06.2024 in the present case. Counsel submits that other co-accused persons have been granted bail by the Co-ordinate Bench of this Court which is annexed as Annexure-2 series as well by this Court vide order dated 05.07.2024 passed in Cr. Misc. No.20964 of 2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Naugachia, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 625 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. Pending cases against the petitioner are as follows:- • Naugachia P.S. Case No.80 of 2024

Patna High Court CR. MISC. No.58646 of 2024(2) dt.31-08-2024 3/3 • Naugachia P.S. Case No.83 of 2017 • Naugachia P.S. Case No.126 of 2020 • Naugachia P.S. Case No.33 of 2023 • Gopalpur P.S. Case No.110 of 2013 • Gopalpur P.S. Case No.25 of 2020 • Gopalpur P.S. Case No.114 of 2020 • Gopalpur P.S. Case No.120 of 2020 • Gopalpur P.S. Case No.20 of 2021 • Gopalpur P.S. Case No.41 of 2021 • Nath Nagar P.S. Case No.83 of 2017.

(Dr. Anshuman, J) Divyansh/- U T