Rajesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Rajesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: release upon arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned SubDivisional Judicial Magistrate, Lakhisarai, in connection with Kajra P.S. Case No. 43 of 2024, subject to the conditions laid down in Section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Kajra P.S. Case No. 43 of 2024, are entitled to anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: the petitioners, in the event of arrest or surrender before the Court below within six weeks, were directed to be released on anticipatory bail upon bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned SubDivisional Judicial Magistrate, Lakhisarai, subject to the conditions laid down in Section 438(2) of the Cr.P.C.

Ratio / Principle

All offences in the FIR are bailable except those under Sections 307 IPC and 27 Arms Act; there is no allegation against the petitioners under Section 307 IPC or Section 27 Arms Act, the allegation of firing being against other co-accused persons.

Key takeaways

Court noted that the petitioners have got clean antecedents as stated in para 3 of the petition, as a ground taken into account in granting anticipatory bail.ratio¶24

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.82014 of 2024 (Ramesh Chand Malviya, J.), oral order dated 04-12-2024: anticipatory bail granted to Rajesh Yadav and Patal Yadav @ Premjit Kumar, apprehending arrest in Kajra P.S. Case No. 43 of 2024 (District Lakhisarai) - FIR registered on the written report of informant Sanjeev Kumar under Sections 341, 323, 307, 504, 506 and 385/34 IPC and Section 27 Arms Act, following an alleged demand of Rangdari of Rs. 50,000/- made at the informant's house on the point of sword. Considering the FIR and the impugned order of the learned Additional District and Sessions Judge-II, Lakhisarai dated 28.10.2024, the Court observed that all offences charged were bailable except Sections 307 IPC and 27 Arms Act; that there was no allegation against the petitioners under those provisions, the allegation of firing resting on other co-accused persons; and that the petitioners had stated clean antecedents. Release was ordered on arrest or surrender within six weeks, on bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned SubDivisional Judicial Magistrate, Lakhisarai, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82014 of 2024

Arising Out of PS. Case No.-43 Year-2024 Thana- KAJRA District- Lakhisarai

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

Rajesh Yadav, aged about 30 years, Male, Son of Damru Yadav.

Patal Yadav @ Premjit Kumar, aged about 20 years, Male, Son of Sudhir Yadav.

Both resident of Village- Khaira, P.S.- Kajra, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 04-12-2024

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners apprehend their arrest in connection with Kajra P.S. Case No. 43 of 2024 instituted for the offences punishable under Sections 341, 323, 307, 504, 506 and 385/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, accused persons came to the house of the informant and extended threatening by making demand of Rangdari of Rs. 50,000/- on the point of sword.

Learned counsel for the petitioners submits that

petitioners are innocent have committed no offence and have

Patna High Court CR. MISC. No.82014 of 2024(2) dt.04-12-2024 2/3

falsely been implicated in this case merely on the basis of enmity. He further submits that petitioner no. 1 is the uncle of petitioner no. 2 and both have been implicated maliciously to harash them in the present case. He next submits that on petty issues the entire family members have been made accused in this case. He submits that there is no any injury on the informant or any of the family members of the informant. Petitioners have got clean antecedent as stated in para 3 of the petition.

Learned APP opposes the prayer for bail.

From perusal of the FIR and the impugned order of

the learned Additional District and Sessions Judge-II, Lakhisarai dated 28.10.2024, it appears that on the basis of written report of the informant Sanjeev Kumar, FIR has been registered under Sections 341, 323, 307, 504, 506 and 385/34 of the Indian Penal Code and Section 27 of the Arms Act. It appears that all Sections and bailable in nature except offence under Sections 307 and 27 Arms Act. It also appears that there is no allegation against the petitioners for the offence punishable under Section 307 of the Indian Penal Code and Section 27 Arms Act. The allegation against firing is upon other co-accused persons. Petitioners have got clean antecedent as stated in para 3 of the petition, so considering the submission of learned counsel for

Patna High Court CR. MISC. No.82014 of 2024(2) dt.04-12-2024 3/3

the parties, let these petitioners above named in the event of their arrest or surrender before the Court below within six weeks from today, be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Lakhisarai in connection with Kajra P.S. Case No. 43 of 2024, subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Ramesh Chand Malviya, J)

Anand Kr.

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