Ramvinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83448 of 2023 Arising Out of PS. Case No.-483 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Ramvinay Yadav Son of Late Khalat Yadav @ Late Ashok Yadav R/o VillageAlauli, P.S.- Alauli, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Alauli P.S. Case No. 483 of 2021 for the offences registered under Sections 147, 148, 149, 307, 302, 379, 120(B), 342 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution case, on the date of occurrence petitioner along with other accused persons variously armed with weapon came and intercepted the informant and her husband when they were on the way to deliver food to their sons. It is alleged that on the order of co-accused Meera Devi, accused persons made indiscriminate firing on the husband of the informant, 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 case.

Patna High Court CR. MISC. No.83448 of 2023(2) dt.18-01-2024 2/2 Nothing has been recovered from possession of the petitioner. There is general and omnibus allegation against the petitioner. He has two criminal antecedents, out of which he is on bail in one of the case. Petitioner is in custody since 21.08.2023. It is further submitted that similarly situate co-accused persons, namely, Rajesh Yadav and Amlesh Kumar have already been granted bail by Co-ordinate Benches of this Court, vide order dated 19.04.2023 passed in Cr. Misc. No. 395 of 2023 and order dated 21.07.2023 passed in Cr. Misc. No. 40396 of 2023 respectively.

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 Alauli P.S. Case No. 483 of 2021.

(Sunil Dutta Mishra, J) rakhi/- U T