Rahul Kumar @ Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63346 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Rahul Kumar @ Rahul Yadav, son of Nandji Yadav, Village- Kodra, P.S.- Paliganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Kamlesh Prasad Yadav, Advocate For the State :

Dr. Mrityunjaya Kr. Gautam, APP For the Informant :

Mrs. Priyanka Singh, Advocate Mr. Ravi Shankar Singh, Advocate Mr. Avijeet Kumar Rahul, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.

2. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 323, 307, 354B and 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation, the informant alleged that the accused persons armed with arms and ammunitions surrounded her husband and her mother-in-law and started assaulting them. It is further alleged that one person, namely, Binod Yadav fired upon her husband and when she and her mother-in-law came forward to save her husband, both were also assaulted by these accused persons. It is further alleged that she, her husband and her mother-in-law sustained injuries in the alleged occurrence.

Patna High Court CR. MISC. No.63346 of 2023(2) dt.10-10-2023 2/2

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.05.2023. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The allegation of assault is alleged against the co-accused, namely, Binod Yadav. So far the petitioner is concerned, there is no allegation of assault alleged against him. Both the parties are agnates. Due to property dispute, the alleged occurrence had taken place.

5. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Paliganj P.S. Case No. 70 of 2022.

(Sudhir Singh, J) annu/- U T