Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74692 of 2023 Arising Out of PS. Case No.-99 Year-2021 Thana- BISHUNPUR District- Darbhanga ====================================================== 1.

RAJA YADAV son of Devendra Yadav Village- Gorhiari Mustafapur PsBishanpur Dist- Darbhanga 2.

Chhotu Sah son of Ram Swarath Sah Village- Gorhiari Mustafapur PsBishanpur Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Bishanpur P.S Case No. 99 of 2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, one Chotu took away the son of the informant on his motorcycle and took to Bagbaiya Gachhi where 8 to 10 boys were present. The informant went there and came to know

Patna High Court CR. MISC. No.74692 of 2023(4) dt.21-02-2024 2/3 that co-accused Md. Chotu had shot fired on the chest of the son of the informant and during course of treatment, he died in hospital.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Both the petitioners are students and pursuing graduate and there is no occasion to participate in the alleged crime and entire prosecution story is vitiated against the petitioners. The name of the petitioners came on the basis of confessional statement of co-accused. Petitioners are in judicial custody since 16.09.2023 and petitioners have got clean antecedent as stated in paragraph 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.

6. On perusal of the FIR, impugned order and period of custody of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.74692 of 2023(4) dt.21-02-2024 3/3 learned C.J.M., Darbhanga in connection with Bishanpur P.S Case No. 99 of 2021.

(Ramesh Chand Malviya, J) Guddu/- U T