Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71689 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Rajesh Kumar Yadav S/o Ramdeo Prasad Yadav R/o Village- Sardarpur, P.S.- Nathnagar(Madhusudanpur), Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is not named in the F.I.R. and apprehend his arrest in connection with Nathnagar (Madhusudanpur) P.S. Case No. 104 of 2021 registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code (in short 'I.P.C.') under Section 27 of the Arms Act.

The allegation against this petitioner is to assault informant alongwith other co-accused persons by opening fire, causing firearm injuries, having intention to cause his death, where the reason of occurrence is unexplained as per the narration of F.I.R.

Patna High Court CR. MISC. No.71689 of 2022(2) dt.05-05-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in F.I.R. depsite of availability of his name in concluding part of the narration of the F.I.R. It is submitted that admittedly, the active participation of petitioner is not available as per narration of F.I.R. in alleged occurrence. While travelling over the argument it is submitted that registration number of motorcycle is also not available in F.I.R. to connect this petitioner, as alleged and implication of petitioner is appearing out of oblique motive. While concluding the argument it is submitted that petitioner found involved in one more criminal case, where he is on bail.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances as mentioned above, as allegation of firing is not available against this petitioner, where implication only appears to use his motorcycle by named co-accused persons, where registration number is also not available, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail 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 First Class,

Patna High Court CR. MISC. No.71689 of 2022(2) dt.05-05-2023 3/3 Bhagalpur/concerned Court, where the case is pending in connection with Nathnagar (Madhusudanpur) P.S. Case No. 104 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) pooja/- U T