Bhavesh Yadav @ Bhavesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3815 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Bhavesh Yadav @ Bhavesh Kumar Son of Sri Lakshmi Yadav Resident of Village- Belsara, Ward No. 01, Ps- Raniganj, Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Raniganj P.S. case No. 338 of 2023 instituted for the offences under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, on the date of occurrence, accused persons armed with various weapons came at the door of informant and when the son of the informant opened the door, co-accused, namely Madhav Yadav @ Lat Sahab fired upon his son causing gunshot injury due to which he

Patna High Court CR. MISC. No.3815 of 2024(2) dt.30-01-2024 2/3 died on the spot.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.08.2023 and has four criminal antecedents but he is on bail in all the cases. The petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that there is no specific allegation against this petitioner rather general and omnibus allegation has been made against him. The specific allegation of firing is alleged against co-accused Madhav Yadav @ Lat Sahab. Similarly situated co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 11.01.2024 passed in Cr. Misc. No. 82383 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the 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 Court below/concerned Court in connection with Raniganj P.S. case

Patna High Court CR. MISC. No.3815 of 2024(2) dt.30-01-2024 3/3 No. 338 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T