Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6727 of 2023 Arising Out of PS. Case No.-114 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== Raja Yadav Son Of Budhan Yadav @ Harinandan Yadav R/O Vill.- Shyam, Ward No. 10, P.S.- Gwalpura, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 302, 504 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the accused persons including this petitioner is that they assaulted the informant's brother. It is further alleged that on the order of one Budhan Yadav, coaccused persons, namely, Robin Yadav and Sandeep Yadav fired upon the informant's brother due to which he sustained firearm injuries upon his chest resulting to his death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.6727 of 2023(3) dt.04-09-2023 2/2 falsely been implicated in this case due to village politics. Nothing specific allegation has been attributed against the petitioner rather the specific allegation of firing on the informant's brother due to which he died is against co-accused, namely, Robin Yadav and Sandeep Yadav. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 05.8.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gwalpara P.S. Case No. 114 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Madhepura. (Sunil Kumar Panwar, J) Shubham/- U T