Rambinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3844 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- ALOULI District- Khagaria ====================================================== RAMBINAY YADAV S/o Late Ashok Yadav @ Khalat Yadav Resident of Village-Alauli, P.S.-Alauli, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner 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, 342, 307 of the Indian Penal Code and Sections 25(1b)a, 26(i), 27, 35 of Arms Act.

3. As per prosecution case, allegation against the petitioner along with other accused persons is of making indiscriminate firing with intention to kill the informant. The informant narrowly escaped. Villagers caught three of the accused persons and handed over to the police.

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. No any specific overt-act

Patna High Court CR. MISC. No.3844 of 2024(2) dt.01-02-2024 2/2 against the petitioner. General and omnibus allegation leveled against him. It is further submitted that the petitioner is languishing in judicial custody since 14.9.2023. Moreover, similarly situated co-accused namely, Anik Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 10.10.2023 passed in Cr. Misc. No. 63488 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Suppl. Alauli P.S. Case No. 147 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 Chief Judicial Magistrate, Khagaria.

(Sunil Kumar Panwar, J) Amandeep/- U T