Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72363 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- RAJAON District- Banka ====================================================== Suresh Yadav, aged about 54 years (M), Son of Late Bhagali Yadav, Resident of Village - Orhara, P.S. - Rajoun, District - Banka. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Saurabh Kumar, Advocate For the Opposite Party :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Rajoun P.S. Case No. 22 of 2024 dated 06.01.2024 registered for the offences punishable under Sections 341, 323, 307, 504, 506 read with Section 34 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, on 04.01.2024, due to previous enmity, the petitioner and the co-accused persons, Lalu Yadav and Srikant Yadav are alleged to have fired on the temple of the informant's son due to which he fell down and sustained injury. It is further alleged that the petitioner and the co-accused persons kept the informant's son on the place of occurrence who was shot by the co-accused Sri Kant. Thereafter, he was brought

Patna High Court CR. MISC. No.72363 of 2024(2) dt.03-10-2024 2/3 to Amarpur Hospital for treatment and from where the victim was referred to J.L.M.N.C.H., Bhagalpur.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the occurrence took place on 04.01.2024 and the F.I.R. has been lodged on 06.01.2024 and the delay in lodging of the F.I.R. has not been explained by the prosecution. The specific allegation has been alleged against the co-accused Srikant Yadav. The said co-accused Srikant Yadav and the other co-accused Anil Yadav have already been granted bail by a Bench of this Court vide Cr. Misc. No. 57233 of 2024 under order dated 05.09.2024 and Cr. Misc. No. 50985 of 2024 under order dated 06.08.2024, annexed as Annexure-2 to the present bail petition. There is no specific allegation of firing and overt act against the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 13.08.2024. 5.Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)

Patna High Court CR. MISC. No.72363 of 2024(2) dt.03-10-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka, in connection with Rajoun P.S. Case No. 22 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T