Rabbu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77542 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- BATH District- Bhagalpur ====================================================== Rabbu Yadav Son of Ashok Yadav R/o Village- Navtolia Mirhatti, P.SSultanganj, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bath P.S. Case No. 57 of 2024 dated 16.04.2024 instituted for the offence punishable under Section 302, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged date and time of occurrence, the informant along with Mukesh Kumar Singh and Karelal @ Sachidanand Singh went to the field. On reaching there, they saw that the petitioner along with other accused persons was filling wheat straw in the jute bag which was lying in the field of Mukesh Kumar Singh. On protest, some altercation took place between the parties. In the meantime, co-accused, namely, Mithun Kumar came there and
Patna High Court CR. MISC. No.77542 of 2024(2) dt.25-10-2024 2/3 he along with co-accused Pawan Yadav and petitioner started firing, due to which Mukesh Kumar and Karelal sustained fire arm injury. Consequently, Mukesh Kumar died at the spot due to fire arm injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the FIR has been lodged against the petitioner, his father, mother and brother and one Mithun Yadav. The allegation against the petitioner is general and omnibus. It is further submitted that from perusal of the FIR, it would appear that specific allegation of firing is against the petitioner and two other accused persons, on the person of Mukesh Kumar Singh and Karelal, as a result of which, they sustained injury. Later on, Mukesh Kumar Singh died at the spot. It is further submitted that the inquest report as well as postmortem report reveal that there is one gun shot injury on the person of the deceased.
It is next submitted that injury report of Karo Mandal shows laceration in left shoulder region size of 4 cm long, width 2cm (approx). Entry wound is present. No exit wound and the nature of this injury is stated to be simple.
Patna High Court CR. MISC. No.77542 of 2024(2) dt.25-10-2024 3/3 land dispute between them, due to which the name of the petitioner has been dragged in this case. It is next highlighted that mother and father of the petitioner have already been granted anticipatory bail by this Court vide orders dated 21-08-2024 and 13-09-2024 passed in Cr. Misc. Nos. 50971 of 2024 and 66365 of 2024 respectively (Annexure P/2 series). The petitioner is in custody since 19-04-2024 having no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for bail of the petitioner. 6.Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. 1st Class, Bhagalpur, in Bath P.S. Case No. 57 of 2024.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U