Roshan Kumar Yadav @ Raushan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57557 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== ROSHAN KUMAR YADAV @ RAUSHAN YADAV S/O VISHUNDEV LIJPURYA @ BISHUNDEO LIJPURIA R/O VILLAGE- SAHORBA, PS. LAUKAHA, DIST. MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120B and 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. it is case of assaulting and opening fire upon the informant's cousin Naval Kumar, due to which he sustained injury. It is further alleged that the accused persons also fired at
Patna High Court CR. MISC. No.57557 of 2023(2) dt.01-09-2023 2/3 Naval Kumar, due to which the bullet hit in his throat, he was taken to the hospital, where he declared dead.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Prabhash Kumar, Priyesh Kumar and Dugesh Kumar, who shot fired on the deceased, due to which he died. There is no specific overt act against the petitioner of firing. There is a case and counter case between the parties. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 25.08.2023 passed in Cr. Misc. No. 54219 of 2023. He is languishing in judicial custody since 02.04.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57557 of 2023(2) dt.01-09-2023 3/3 satisfaction of the learned Court below in connection with Laukaha P.S. Case No. 84 of 2023.
(Sunil Kumar Panwar, J) arish/- U