Rajkishore Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78582 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== RAJKISHORE YADAV Son of Ruplal Yadav @ Ruplal Prasad Yadav R/o vill - Tilkoda (Tilkora), P.S. - Murliganj, Distt. - Madhepura ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Prasad Verma Mr. Brajesh Verma For the Opposite Party/s :
Mr. Anil Kumar For the Informant : Mr. Awadhesh Kumar Pandey Mr. Ravi Bhaskar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 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, 342, 386, 302, 120B, 504, 506, of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, the allegation against the FIR named and some unknown persons is that they committed murder of the informant's husband by means of fire arm, while the informant and her husband were going to Murliganj.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.78582 of 2023(3) dt.29-02-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. It is alleged that the petitioner was involved in this alleged occurrence as a liner and merely on the basis of suspicion, he has falsely been implicated in this present case. The informant has not stated about the presence of the petitioner at time of alleged occurrence and there is no specific allegation levelled against him rather specific allegation of firing is levelled against five co-accused persons not against this petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 24.01.2024 passed in Cr. Misc. No. 919 of 2024. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.06.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Murliganj P.S. Case No. 200 of 2003 on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.78582 of 2023(3) dt.29-02-2024 3/3 with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Madhepura.
(Sunil Kumar Panwar, J) Manishkr/- U T