Rudal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81219 of 2025 Arising Out of PS. Case No.-284 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== Rudal Yadav Son of Lal Babu Yadav Resident of Village- Kahalgaon Tola, P.S.- Pirpainty, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Pirpainti P.S. Case No. 284 of 2022 registered for the alleged offences under Sections 147, 148, 149, 341, 323, 326, 327, 307, 448, 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the petitioner and 24 other co-accused persons, variously armed, entered into the house of the informant and dragged out the inmates. The allegation against the petitioner is that he opened fire on one Soni Kumari, who received injury in her leg. Other family members of the informant also received firearm injury. Subsequently, the husband of the informant succumbed to his injuries during
2/4 treatment.
4. Learned counsel for the petitioner submits that there is no allegation against the petitioner for firing upon the husband of the informant and the allegation for the same is against co-accused Sanyal Kumar and Rahul Yadav. The only allegation against the petitioner is of firing upon Soni Devi but her injury report shows one injury in her left foot, but the said injury has been caused by hard and blunt object and the injury is stated to be simple in nature. Learned counsel further submits that the petitioner and the informant are agnates and there is a land dispute with regard to partition of property. Similar allegation is against co-accused Tej Narayan Yadav for firing upon the sister-in-law of the informant, namely Basanti Devi, who sustained injury on her leg and the co-accused has been granted bail by the learned lower court.
The petitioner is having clean antecedent and he is in custody since 02.07.2025. Charge sheet has been submitted. Learned counsel further submits that co-accused Sanyal Kumar and Rahul Yadav have been granted regular bail by this Court vide order dated 18.10.2024 passed in Cr. Misc. No. 73825 of 2024 and the case of the petitioner is on much better footing.
5. Learned APP opposes the submission made on
3/4 behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the victim of the petitioner received simple injury by hard and blunt substance and there is doubt over the allegation made against the petitioner for causing firearm injury and further considering the grant of bail to the co-accused persons, period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned Court in connection with Pirpainti P.S. Case No. 284 of 2022, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the
4/4 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T