Ramesh Yadav @ Lamboo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86111 of 2023 Arising Out of PS. Case No.-103 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== Ramesh Yadav @ Lamboo S/o Ramotar Yadav, R/o village-Sonvarsha, P.SChautham, District-Khagaria. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate.
For the Opposite Party/s :
Mr. Uday Chand Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Supplementary Chauthan P.S. Case No.103 of 2020, registered for the offences punishable under Sections 341, 323, 384, 307, 34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, the named accused persons including the petitioner are said to have fought with the informant and others over fishing. Specific allegation against the petitioner is that he caught hold the father and brother of the informant and as a result of firing by Rinkesh Yadav and Pandav Yadav, the brother of the informant sustained injuries in his stomach.
Patna High Court CR. MISC. No.86111 of 2023(2) dt.16-01-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that allegation against the petitioner is general and omnibus that he had caught hold the father and brother of the informant and the specific allegation of firing is against co-accused Rinkesh Yadav and Pandav Yadav. He also submits that petitioner has six criminal antecedents, however, he is acquitted in three cases and is on bail in three cases. Learned counsel submits that petitioner is in custody since 10.07.2023. He further submits that co-accused Rinkesh Yadav and Ravindra Yadav have been granted bail by the Co-ordinate Bench of this Court vide order dated 29.03.2022 passed in Cr. Misc. Nos.48930 of 2021 & 54068 of 2021. He also submits that charge sheet has already been submitted in this case and there is no chance of absconding the petitioner or tampering with the evidence.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.86111 of 2023(2) dt.16-01-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Khagaria in connection with Supplementary Chauthan P.S. Case No.103 of 2020. (Sunil Dutta Mishra, J) Ritik/- U T