Triloki Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5490 of 2024 Arising Out of PS. Case No.-93 Year-2021 Thana- SATHI District- West Champaran ====================================================== Triloki Yadav S/O Late Shivnath Yadav @ Shivnath Yadav R/O VillageBasantpur, P.S- Sathi, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Adv.
For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sathi P.S Case No. 93 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 447, 427, 307, 302 and 504 of the I.P.C.
3. As per allegation in the FIR, the petitioner and other co-accused persons came at the hut of the informant and started uprooting informant's hut and at the time the petitioner and co-accused were equipped with fire arms and during that course co-accused Manan Yadav fired at Vinod Yadav who sustained injury on his
Patna High Court CR. MISC. No.5490 of 2024(2) dt.15-02-2024 2/3 leg and thereafter co-accused Vinod Yadav fired at Amar Yadav who sustained firearm injury on vital part of the body and fell down and thereafter other co-accused persons started firing and three persons sustained injury in the occurrence and two of them died.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. It is also submitted that petitioner is in judicial custody since 30.09.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody it appears that no specific allegation against the petitioner and co-accused person already granted bail on the same nature of allegation by the Coordinate Bench of this Court vide order dated 10.01.2024 in Cr. Misc. No. 85814 of 2023 and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner,
Patna High Court CR. MISC. No.5490 of 2024(2) dt.15-02-2024 3/3 let the above named petitioner 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 Additional Chief Judicial Magistrate -III, West Champaran, Bettiah in connection with Sathi P.S Case No. 93 of 2021.
(Ramesh Chand Malviya, J) Mayank/- U T