Ramanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75968 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- BITHAN District- Samastipur ====================================================== 1.

Ramanand Yadav Son Of Puniya Yadav R/O Village- Sihma, P.S.- Bithan, District- Samastipur 2.

Parwati Devi Wife Of Ramanand Yadav R/O Village- Sihma, P.S.- Bithan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

Allegation against the petitioners and other coaccused person Gaurav Kumar that they shot the son of informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.75968 of 2023(3) dt.10-01-2024 2/3 petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation against the petitioners rather the specific allegation of firing upon the informant's son due to which he succumbed to fire arm injuries is levelled against co-accused Gaurav Kumar Yadav. The petitioners are parents of co-accused Gaurav Kumar Yadav. Nothing incriminating has been recovered from their conscious possession. Moreover, the petitioners are languishing in judicial custody since 09.07.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.75968 of 2023(3) dt.10-01-2024 3/3 this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bithan P.S. Case No. 91 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Rosera, Samastipur.

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