Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82383 of 2023 Arising Out of PS. Case No.-338 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Umesh Yadav Son Of Late Tej Narayan Yadav R/O Village- Koshkapur North, Ward No.-08, P.S.- Raniganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. A.K. Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Raniganj P.S. Case No. 338 of 2023 for the offences registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, on the date of occurrence accused persons armed with various weapons came at the door of informant and when the son of the informant opened the door, co-accused, namely Madhav Yadav @ Lat Sahab fired upon his son causing gunshot injury due to which he died on the spot.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.82383 of 2023(3) dt.11-01-2024 2/2 case. There is no direct allegation against the petitioner. The allegation of firing upon the son of informant is against coaccused Madhav Yadav @ Lat Sahab. Petitioner has no criminal antecedent. He is in custody since 19.08.2023. It is further submitted that similarly situated co-accused, namely Ashish Yadav has been granted bail by a co-ordinate Bench of this Court, vide order dated 07.12.2023 passed in Cr. Misc. No. 78932 of 2023.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Raniganj P.S. Case No. 338 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T