Bablu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69341 of 2021 Arising Out of PS. Case No.-127 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== BABLU YADAV Son of Chandu Yadav @ Chandeshwari Yadav Resident of village - Basua, P.S.- Pasraha, District - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard Mr. Santosh Kumar Singh, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Pasraha PS Case No. 127/2019 registered for the offence punishable under Sections 147, 148, 149, 160, 302, 307, 326, 386 of the IPC and 27(i) of the Arms Act.
As per prosecution case, the Officer Incharge of the police station got an information that due to previous enmity two groups were resorting to indiscriminate firing amongst themselves and the police party reached to the place of occurrence and recovered left over live cartridges, empty cartridges and other articles. It has also been stated that due to cross firing between the two groups, two persons who were
Patna High Court CR. MISC. No.69341 of 2021(2) dt.23-05-2022 2/3 going on motorcycle sustained gun-shot injury, out of which, one, Sadanand Kumar died while another, namely, Sujeet Kumar sustained bullet injury.
Learned counsel for the petitioner submits that the petitioner is the member of the one of the groups as alleged in the FIR and during course of investigation, the injured person, namely, Sujeet Kumar stated that the firing made by the coaccused, Rakesh Yadav hit him while the firing made by Sugan Yadav hit Sadanand Kumar who died. Learned counsel further submits that similarly situated co-accused persons, namely, Narad Yadav (vide Cr. Misc. No. 21675/2020), Pappu Yadav (vide Cr. Misc. No. 32985/2020), Bipin Yadav, Bidio Yadav (vide Cr. Misc. No. 13850/2020) and Khajanchi Yadav (vide Cr. Misc. No. 16362/2021) have been granted bail by the Coordinate Benches of this Court. Next submission is that the petitioner is in custody since 17.08.2021 and the charge-sheet has already been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the injured witness did not disclose the name of the petitioner, similarly situated co-accused persons have been granted bail by this Court, petitioner is in custody since
Patna High Court CR. MISC. No.69341 of 2021(2) dt.23-05-2022 3/3 17.08.2021 and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, BABLU YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Pasraha PS Case No. 127/2019. (Anil Kumar Sinha, J) perwez U T