Rajesh Yadav @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74100 of 2019 Arising Out of PS. Case No.-103 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== Rajesh Yadav @ Rakesh Kumar, S/o Baleshwar Yadav @ Kaleshwar Yadav, R/o village- Bhaluana, P.S.- Chandradeep, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate Mr.Anish Kumar, Advocate For the Opposite Party/s :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.
In the present case, the petitioner is seeking bail in connection with Kauwakol P.S. Case No. 103 of 2018 registered for offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation has been made that the petitioner was associate of Chandan Yadav and others which was being headed by Naresh Yadav and they used to acquire the money by illegal manner, but Naresh Yadav was not sharing the illegal money to other associates, that led to difference between Naresh Yadav and other members of the group and the group of Chandan Yadav had killed the head of the group, namely, Naresh Yadav
Patna High Court CR. MISC. No.74100 of 2019(7) dt.29-01-2021 2/3 by firearms and his dead body was lying in the field of Garbhu Yadav. When the dead body of Naresh Yadav was recovered by the police, the villagers disclosed that the accused Chandan Yadav, Bablu Yadav, Sako Yadav, Rajesh Yadav, Buta Singh @ Santosh Singh were running a criminal gang and they had killed Naresh Yadav due to distribution of cash in the group. Counsel for the petitioner submits that there is no material on record to indicate the involvement of the petitioner in such incident inasmuch as he is a railway employee, but from the record, it appears that he was joined the service after the incident took place and this Court has considered different paragraphs of the case diary. The petitioner is in judicial custody since 16.08.
2019 and there is no eye witness to the incident. Considering the entire facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Nawada in connection with Kauwakol P.S. Case No.
Patna High Court CR. MISC. No.74100 of 2019(7) dt.29-01-2021 3/3 interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) V.K.Pandey/- U T