Prakash Yadav @ Prakash Kumar @ Badal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56973 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Md. Ujale @ Niyaz @ Neyaz Ahmad Son Of Samimuddin @ Munna Resident Of Village Rahika Barha Tola P.S Rahika District Madhubani 2.

Bhola Kumar @ Vikas Sah @ Vikas Son Of Shatrudhan Sah @ Shatrudhan Sahu Resident Of Village- Basuwara, Ps- Madhubani Town, DistMadhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60723 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Prakash Yadav @ Prakash Kumar @ Badal Yadav S/O Late Ganesh Yadav R/O Village- Mohanpur, P.S- Pandaul, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 56973 of 2023) For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman (In CRIMINAL MISCELLANEOUS No. 60723 of 2023) For the Petitioner/s :

Mr.Umesh Kumar Verma For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under

Patna High Court CR. MISC. No.56973 of 2023(3) dt.07-11-2023 2/3 Sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that petitioner Prakash Yadav and Ganesh Yadav came his house and took his son Deepak Kumar with them to Rampatti. Thereafter, due to some previous enmity, altogether six miscreants surrounded his son and started to fire indiscriminately due to which his son sustained gunshot injuries and died during treatment.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The informant is not the eye witness to the occurrence. There is general and omnibus allegation against all the accused persons including the petitioners. During investigation, no consistent material evidence was found against the petitioners and only on the basis of suspicion, the petitioners have been roped in the present case. The petitioners are languishing in custody since 17.06.2023

Patna High Court CR. MISC. No.56973 of 2023(3) dt.07-11-2023 3/3 and 20.04.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Madhubani in connection with Rajnagar P.S. Case No. 09 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T