Ram Baran Yadav vs The State Of Bihar
2021 Latest Caselaw 1961 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.34636 of 2020
  Arising Out of PS. Case No.-167 Year-2020 Thana- LAKHISARAI District- Lakhisarai
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Ram Baran Yadav, aged about 40 years, male, Son of Late Rajender Yadav Resident of Village - Murbariya, P.S.- Lakhisarai, District - Lakhisarai

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Sabal Kumar Jha, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Lakhisarai PS Case No. 167 of 2020 dated 11.03.2020,

instituted under Sections 302/120B/34 of the Indian Penal Code

to which later on 25(1-B)(a)/26(1) and 27 of the Arms Act, 1959

were added.

4. The allegation against the petitioner, though not

named in the FIR, is that he was one of the persons who had

fired on the father of the informant leading to his death.

Patna High Court CR. MISC. No.34636 of 2020 dt.17-04-2021

5. Learned counsel for the petitioner submitted that

only on the confessional statement of Rahul Kumar, who was

arrested, the petitioner has also been made an accused. It was

further submitted that accused Sachida Nand Singh @ Sachida

Nand Sharma and Chandan Kumar Singh @ Chandan Singh,

who were named accused in the case, have been granted

anticipatory bail by a coordinate bench on 22.03.2021 in Cr.

Misc. No. 34286 of 2020. Learned counsel submitted that the

petitioner has been belatedly made an accused without any legal

evidence against him.

6. Learned APP submitted that the specific allegation

in the FIR is that Ranjit Kumar and two other persons on

motorcycle came and shot the deceased. It was submitted that it

is but natural that the investigation would proceed and since

during course of investigation when a suspect was caught and he

has taken the name of the petitioner, there is no reason to

disbelieve the same. It was further submitted that against co-

accused Sachida Nand Singh @ Sachida Nand Sharma and

Chandan Kumar Singh @ Chandan Singh, the only allegation is

that they were sitting in a Sumo vehicle and have got down and

showed pistol to the informant side threatening them with dire

consequences. Thus, it was submitted that the petitioner is not Patna High Court CR. MISC. No.34636 of 2020 dt.17-04-2021

similarly situated to them as against the petitioner the allegation

is that he was one of the persons who had actually shot at the

deceased. It was submitted that the petitioner was accused in

another case of the year 2009 under grave sections, including

302 of the Indian Penal Code and 27 of the Arms Act, 1959.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T