Raju Yadav @ Raja @ Raja Yadav Vs The State of… — Murder and Culpable Homicide | Patna HC (2024)

Raju Yadav @ Raja @ Raja Yadav Vs The State of… — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court, subject to conditions: (i) one of the bailors shall be own/close member of the petitioner's family; and (ii) the petitioner shall appear on each and every date fixed at the trial, with default in appearance on two consecutive dates giving the Trial Court liberty to cancel the bail bonds.

Issue for consideration

Whether the petitioner should be granted bail in connection with Udakishuganj P.S. Case No. 254 of 2023, instituted for offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail to the petitioner.

Ratio / Principle

The grant of bail is made subject to conditions, including that the petitioner shall appear on each and every date fixed at the trial, and that in case of default in such appearance on two consecutive dates the Trial Court will have liberty to cancel the petitioner's bail bonds.

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Patna (Rudra Prakash Mishra, J.), oral order dated 22-03-2024, CRIMINAL MISCELLANEOUS No.21351 of 2024, arising out of Udakishunganj/Udakishuganj P.S. Case No. 254 of 2023 (District Madhepura) instituted for offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Grounds taken into account: petitioner not named in the F.I.R.; his name transpired from the confessional statement of co-accused Jay Jay Sahni; informant is not an eyewitness of the alleged occurrence; petitioner in judicial custody since 26.08.2023 with eight criminal antecedents, on bail in all; charge-sheet already submitted. Petitioner ordered released on bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, one bailor to be own/close member of the petitioner's family; petitioner to appear on each and every date fixed at the trial, with default on two consecutive dates giving the Trial Court liberty to cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21351 of 2024

Arising Out of PS. Case No.-254 Year-2023 Thana- UDAKISHUNGANJ District-

Madhepura

======================================================

Raju Yadav @ Raja @ Raja Yadav Son of Late Ramchandra Yadav Resident of Village-Mohanpur, P.S.- Bihariganj, Dist.- Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 22-03-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in Udakishuganj P.S. Case No. 254 of 2023, instituted for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that, son of the informant was returning home in the evening hours, the miscreants sitting in ambush shot bullet at him and fled away from the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and the

Patna High Court CR. MISC. No.21351 of 2024(2) dt.22-03-2024 2/3

informant is not the eye witness of the alleged occurrence. Name of the petitioner has transpired from the confessional statement of co-accused Jay Jay Sahni. Learned counsel for the petitioner further submits that the petitioner is in judicial custody since 26.08.2023 and has got eight criminal antecedents in which the petitioner is on bail in all the cases. It is lastly submitted that Charge-sheet has already been submitted in the present case.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udakishuganj P.S. Case No. 254 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.21351 of 2024(2) dt.22-03-2024 3/3

fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Rajorshi/-

U T