Rajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2316 of 2024 Arising Out of PS. Case No.-349 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Rajan Yadav Son Of Harendra Yadav @ Harendra Chaudhary Resident Of Village - Kukurbhuka, P.S. - Kateya, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 324, 323, 307, 379, 427, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, FIR named accused persons including the petitioner are said to have intercepted the car of the informant and threatened him on pistol point. When the informant opposed, the accused persons assaulted the informant due to which he sustained injury. Specific allegation against the petitioner is that in course of marpit, he made 2-3 found firing but the same did not hit informant and thereafter accused persons fled away after snatching mobile and gold chain of the informant believing that the he died.

Patna High Court CR. MISC. No.2316 of 2024(4) dt.19-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Allegedly petitioner had made 2-3 round firing but the same did not harm anyone. In fact no firing was made by the petitioner but only to make the case grievous, allegation of firing has been made. Both parties are co-villagers and between them, there is long standing land dispute. It is further submitted that the petitioner is languishing in judicial custody since 14.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail. Learned counsel for the informant submits that petitioner is threatening to informant and his family members to drop the criminal proceedings on regular basis for which information in this respect has been given to trial court.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Kateya P.S. Case No. 349 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj with following conditions:

Patna High Court CR. MISC. No.2316 of 2024(4) dt.19-04-2024 3/3

(1) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(ii) If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bonds will be cancelled by the court below.

(Sunil Kumar Panwar, J) sushma/- U