Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62003 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- BARARI District- Katihar ====================================================== BRAJESH YADAV, Son of Upendra Narayan Yadav, Resident of Village - Nand Gram Jarlahi, P.S.- Korha, Dist.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 22.07.2019 in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per the written report of Guddu Yadav is to the effect that on 16.01.2018 at about 8.30 P.M. when the informant went to Barari market for some domestic work, he saw that co-accused Mithun Malakar was scuffling with his brother Amit Yadav. However, the informant pacified the matter and proceeded towards his house along with his brother by a motorcycle, but on the way, co-accused,

Patna High Court CR. MISC. No.62003 of 2019(2) dt.23-10-2019 2/3 Mithun Malakar, Jaiky Mahto and Sonu Mahto, all of them, on a motorcycle, overtook them, and thereafter, co-accused, Jaiky Mahto and Sonu Mahto, got the brother of the informant down the motorcycle, whereupon, co-accused, Mithun Malakar shot fire on the neck of the brother of the informant, who died on spot. It is also alleged at the place of occurrence, two unknown motorcycle borne miscreants, were also present. It is submitted by learned counsel for the petitioner that that basic accusation of firing upon the brother of the informant has not been levelled against the petitioner. The petitioner is not named in the FIR, rather his name sprang up during investigation.

It is further submitted that similarly situated co-accused, Kumod Yadav has been granted bail by a Co-ordinate Bench of this Court vide order dated 21.10.2019, passed in Criminal Miscellaneous No. 64150 of 2019. It is further submitted that though the petitioner is accused in eight other cases, but in most of the cases, he is on bail, a statement to that effect has been made in paragraph no.3 of the petition. Learned APP for the State submits that accusation is specific against the petitioner in the FIR.

Considering the fact that the petitioner is not named in the FIR, his name transpired during investigation and

Patna High Court CR. MISC. No.62003 of 2019(2) dt.23-10-2019 3/3 similarly situated co-accused has been granted bail by a Coordinate Bench of this Court, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Katihar in connection with Barari P.S. Case No.22 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T