Rajesh Yadav @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70815 of 2023 Arising Out of PS. Case No.-196 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Rajesh Yadav @ Rajesh Kumar Son Of Late Maheshwari Yadav Resident Of Village - Surmaha Bajrangi Tola, P.S. - Sour Bazar, Dist - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. Petitioner along with other accused persons are said to have committed murder of the brother of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the allegation of shot firing as per FIR is against co-accused Ajay Kumar as a result of which deceased died. He submits that the petitioner is only order giver. He further submits that petitioner has one criminal antecedent as
Patna High Court CR. MISC. No.70815 of 2023(2) dt.28-11-2023 2/2 stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 196 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T