Raja Yadav @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64012 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Raja Yadav @ Raja Babu Son Of Jaykant Yadav Resident Of Village - Hanuman Nagar, P.O.- Chandour, P.S.- Sour Bazar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sour Bazar P.S. Case No. 224 of 2022 registered under sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case in short is that, all the accused persons including the petitioner started indiscriminate firing upon the son of the informant and the accused persons, namely Manish Kumar and Deepak Kumar caught the collar of her son and Manish Kumar fired at the chest of the her son due to which he succumbed to injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to local politics. It

Patna High Court CR. MISC. No.64012 of 2022(2) dt.17-02-2023 2/2 is further submitted that it appears from the F.I.R. that there is direct allegation of firing against the co-accused person, namely, Deepak Kumar and Manish Kumar and there is no allegation of any overt act or assault against the petitioner. Similarly situated other co-accused persons have already been granted bail by this co-ordinate Bench of this Court vide order dated 10.02.2023. in Cr. Misc. No. 58419 of 2022 and order dated 09.02.2023 in Cr. Misc. No. 57399 of 2022 respectively. The petitioner is languishing in judicial custody since 12.09.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sour Bazar P.S. Case No. 224 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saharsa.

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