Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78045 of 2019 Arising Out of PS. Case No.-72 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== BABLOO YADAV, Son of Saudagar Yadav Resident of Village- Bhaluana, P.S.- Chandradip, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State assisted by Sri Suresh Singh, learned counsel for the informant through video conferencing. The petitioner seeks bail in connection with Kowakole (Rapau) P.S. Case No. 72 of 2018, registered under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that informant Kamlesh Yadav along with his other family members were present in Khalihan on 13.04.2018 and they were loading wheat on a tractor after thrashing the wheat crop. At that time, seven persons named in the F.I.R., including the petitioner, reached there having fire arms in their hands. At that time, Chandan Yadav made indiscriminate fire through his rifle at his cousin Babloo

Patna High Court CR. MISC. No.78045 of 2019(6) dt.29-05-2020 2/3 Yadav, who fell down. Thereafter, others also started firing, due to fear, the informant and his younger brother Bimlesh Yadav fled away and came to village and he along with others again came to Khalihan then found his cousin Babloo Yadav in injured condition.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant is the eye-witness of the occurrence, but he has, specifically, stated about making indiscriminate firing by co-accused Chandan Yadav through rifle at his cousin Babloo Yadav. The witnesses in paragraph Nos. 11, 12 and 13, who are eye-witness of the occurrence have also made allegation of firing only against co-accused Chandan Yadav. Further submission is that petitioner has falsely been implicated in this case due to village dirty politics. The petitioner is in custody since 20.09.2019. On the other hand, learned A.P.P. as well as learned counsel appearing on behalf of informant opposed the prayer of the petitioner with submission that in Postmortem report, seven firearm injury were found over the dead body of deceased Babloo Yadav.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released

Patna High Court CR. MISC. No.78045 of 2019(6) dt.29-05-2020 3/3 on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Nawada in connection with Kowakole (Rupau) P.S. Case No. 72 of 2018. (Rajendra Kumar Mishra, J) manish/- U T