Jitendra Kumar Yadav @ Jiten Yadav @ Jitendra Kumar @ Jitendra Kr. Yadav @ Jiten Kr. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.456 of 2025 Arising Out of PS. Case No.-129 Year-2023 Thana- FULKAHA District- Araria ====================================================== Shyam Sundar Yadav S/o- Birkhu Yadav @ Barisa Yadav Village- Madhura Uttar W.No- 3, Ps- Fulkaha Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 75910 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- FULKAHA District- Araria ====================================================== Jitendra Kumar Yadav @ Jiten Yadav @ Jitendra Kumar @ Jitendra Kr. Yadav @ Jiten Kr. Yadav Son of Basudev Yadav Resident of Vilage- Madhura Uttar, P.S.- Fulkaha, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 456 of 2025) For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP (In CRIMINAL MISCELLANEOUS No. 75910 of 2024) For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 07-02-2025 Heard learned counsel appearing on behalf of the parties.
2. The petitioners seek bail in connection with Fulkaha P.S. Case No.-129 of 2023 registered for the offence under Sections 147, 149, 341, 323, 307, 504, 506, 302 and
Patna High Court CR. MISC. No.456 of 2025(2) dt.07-02-2025 2/3 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
3.As per the prosecution case, all the accused persons along with Kirtiya Devi @ Geeta Devi, Pinki Devi and Urmila Devi surrounded the victim and started to assault, in between co-accused Rajesh Kumar Yadav fired with pistol on the son of the informant and thereafter the son of the informant died during course of treatment.
4.
Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case due to dirty village politics. Petitioners are in custody since 15.09.2024 and 07.10.2023 respectively. He next submits that similarly situated co-accused has been granted bail by this Court passed in Cr. Misc. No. 11080 of 2024. 5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
On perusal of the first information report and impugned order dated 27.11.2024/01.06.2024, it appears that there is specific allegation of firing against co-accused Rajesh Kumar Yadav and not these petitioners and similarly situated coaccused has been granted bail by this Court, let the above named petitioners be directed to be released on bail in
Patna High Court CR. MISC. No.456 of 2025(2) dt.07-02-2025 3/3 connection with Fulkaha P.S. Case No. 129 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Araria.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T