IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40238 of 2022

Arising Out of PS. Case No.-264 Year-2017 Thana- BARH District- Patna

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ARBIND RAI @ ARBIND YADAV Son of Yogi Rai Resident of Village -

Pachhiyari Malahi, P.S. - Barh, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Gyanendra Kumar Singh, Advocate

For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

4

10-02-2023

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks bail in a case registered for the

offences punishable under Sections 302 and 34 of the Indian

Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the

petitioner is in custody since 14.03.2022 and has antecedent of

three cases under the Excise Act.

The informant alleges that she along with her

daughter-in-law were going to attend the call of nature when

they saw the FIR named accused persons including the petitioner

standing near her son who was guarding the crop near the

Peepal tree, it is next alleged that when the informant proceeded

ahead, she heard the sound of firing and thereafter she saw the

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petitioner along with other two accused namely, Jitendra Yadav

and Lota Yadav fleeing with pistol in their hands and when she

reached near her son she found him dead on account of firearm

injury on his chest, it is further alleged that earlier Jitendra

Yadav had pressurized her son for doing illegal work which was

resented by her son on account of which the present occurrence

was committed.

Learned counsel submits that petitioner has been

falsely implicated in the present case, it is next submitted that

informant specifically named the petitioner along with Jitendra

Yadav and Lota Yadav alleging that they had committed the

occurrence, it is next submitted that Jitendra Yadav has been

granted regular bail by order dated 03.11.2021 in Cr. Misc. No.

44677 of 2021 and Lota Yadav has been granted regular bail by

order dated 10.10.2022 in Cr. Misc. No. 38104 of 2022 and the

petitioner is also similarly situated like the accused who have

been granted the privilege of bail.

Learned A.P.P. for the State vehemently opposes the

prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is

a person with clean antecedent and charge-sheet has been

submitted in the case, let the petitioner above named be released

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on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Thousand) with two sureties of the like amount each to the

satisfaction of the learned court below where the case is

pending/successor court in connection with Barh P.S. Case No.

264 of 2017.

Further, if the learned court below comes to a

conclusion that the petitioner after his release is trying to delay

the trial in any manner, the court below shall forthwith cancel

his bail bonds after recording reasons and shall take all coercive

steps to ensure that petitioner is behind bars.

At this stage, the learned counsel for the petitioner

seeks permission to make rectification in the prayer portion of

the regular bail application.

Permission is accorded.

GauravSinha/-

(Satyavrat Verma, J)

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