Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66259 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- GOGRI District- Khagaria ====================================================== 1.

Raja Yadav Son of Ramratan Yadav R/O-Village-Usari, P.S-Gogri, Dist.- Khagaria (Bihar) 2.

Chunni Lal Yadav Son of Late Karelal Yadav R/O-Village-Usari, P.S-Gogri, Dist.-Khagaria (Bihar) 3.

Suraj Yadav Son of Chunnilal Yadav R/O-Village-Usari, P.S-Gogri, Dist.- Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with G.R. No. 111 of 2024, arising out of Gogri P.S. Case No. 19 of 2024, instituted for the offences punishable under Sections 447, 341, 323, 307, 379, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, petitioner along with other co-accused persons went to the house of the informant and took fertilizers. On raising objection by the son of the informant, co-accused Govind Yadav fired on him due to

Patna High Court CR. MISC. No.66259 of 2024(3) dt.27-09-2024 2/3 which he sustained injury in legs. It is further alleged that Govind Yadav also fired on the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. It is further submitted that there is no specific allegation of firing against the petitioners. Learned counsel further submitted that the specific allegation of firing is attributed to co-accused Govind Yadav. Learned counsel further submitted that petitioner no. 1 has one criminal antecedent whereas petitioner nos. 2 and 3 have no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, general and omnibus allegation against the petitioners, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 111 of

Patna High Court CR. MISC. No.66259 of 2024(3) dt.27-09-2024 3/3 2024, arising out of Gogri P.S. Case No. 19 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Alok Verma/- U T