Prabhakar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63760 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- NAUHATTA District- Saharsa ====================================================== Prabhakar Yadav Son of Surendra Yadav @ Surendra Prasad Yadav R/V Maricha, PS-Supaul, Distt.-Supaul ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Adv.
For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nauhatta P.S. Case No. 122 of 2024 dated 20.05.2024 registered for the offences punishable u/ss 341, 323, 302, 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have surrounded the informant's brother and started assaulting him with fists and slaps. When the informant and his mother came to rescue, they were assaulted by the accused persons. In the meantime, the co-accused, Vikash Yadav exhorted to kill upon which the
Patna High Court CR. MISC. No.63760 of 2024(2) dt.01-10-2024 2/3 co-accused, Deepak Yadav fired on the informant's brother with intent to kill due to which he sustained bullet injury and died on the spot. On hulla, the villagers gathered there then the accused persons fled away from the spot.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of firing is against the coaccused, Deepak Yadav and the allegation against the petitioner is general and omnibus. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 24.09.2024 passed in Cr. Misc. No. 62928 of 2024. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 21.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing
Patna High Court CR. MISC. No.63760 of 2024(2) dt.01-10-2024 3/3 bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Nauhatta P.S. Case No. 122 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T