Rambilash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71214 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- CHANDRADIP District- Jamui ====================================================== RAMBILASH YADAV S/o Naurangi Yadav R/o village- Sakin Sunderbad, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Roy For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code.

Informant who is the mother of deceased has alleged in her written complaint that on 24.07.2019 his son Amar Singh was called on his mobile by accused Chandu Paswan and one another to reach Aliganj Chowk and as he reached there some miscreants fired which hit one person as a result there was stampede and as his son entered into the house of Gyan Shaw 15-20- miscreants present there brutally assaulted his son as a result of which he died and thereafter he has named 11 persons including petitioner causing death of her son.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It is further

Patna High Court CR. MISC. No.71214 of 2019(2) dt.18-12-2019 2/2 submitted that the deceased son was aggressor and fired upon a person and in retaliation people assembled there caught him and he was lynched by the mob and thereafter present FIR was lodged by informant as an afterthought in which petitioners and others have been falsely implicated in a concocted story due to previous animosity and rivalry. Earlier FIR No. 83 of 2019 dated 25.07.2019 was instituted by informant Sumitra Devi in which deceased Amarjeet Singh was accused of firing upon his son. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Chandradeep P.S. Case No. 84 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U