Patna High Court
Rajesh Yadav vs The State Of Bihar on 28 February, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3619 of 2024
Arising Out of PS. Case No.-18 Year-2019 Thana- JHAJHA District- Jamui
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Rajesh Yadav son of Jago Yadav @ Jaggu Yadav Village- Karra Ps- Laxmipur
Dist- Jamui
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Rajesh Kumar Sinha,Adv.
For the Respondent/s : Mr.Syed Ashfaque Ahmad, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 28-02-2025
Heard both the parties.
02. This is an appeal under Section 101(5) of the
Juvenile Justice Act against the refusal of prayer for bail by
order dated 09.07.2024 passed by the learned Additional
Sessions Judge-I, Jamui in connection with Children Case No.
09 of 2024 arising out of Jhajha P.S. Case No. 18 of 2019,
registered for the alleged offences under Sections 147, 148, 149,
302, 427, 120(B) of the Indian Penal Code, Section 27 of the
Arms Act and Section 314 of the Explosive Substances Act.
03. As per prosecution case, appellant and other co-
accused persons ambushed the vehicle in which the informant
was supposed to travel. The appellant and other co-accused
persons hurled bombs and fired upon the vehicle in which two
Patna High Court CR. APP (SJ) No.3619 of 2024 dt.28-02-2025
2/5
persons lost lives and the driver fled away from the spot. The
occurrence took place in the background of rivalry of the
informant and the other side over Mukhiya election.
04. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case. The informant is not an eye witness and the FIR has been
lodged on the basis of statement of driver Mamta Yadav who
has subsequently been made accused in the case along with the
appellant and other co-accused persons. A number of similarly
placed co-accused persons have been granted bail by different
Benches of the Court vide orders dated 29.08.2019, 6-11-2019,
22-12-2021
, 16-5-2022, 16-5-2022, 5-7-2022, 21-2-2023, 6-9-
2023, and 13-10-2023 passed in Cr. Misc. No. 43176/2019, Cr.
Misc. no. 49434/2019, Cr. Misc No. 21239/202, Cr. Misc No.
54935/2021, Cr. Misc No. 59581/2021, Cr. Misc No.
78020/2019, Cr. Misc. No. 62022/2022, Cr. Misc No.
60063/2023 and Cr. Misc. no.- 68215/2023, respectively.
Learned counsel further submits that the appellant has
been in custody since 23.11.2023 and charge sheet has been
submitted. The appellant was juvenile at the time of the
occurrence but as he was aged more than 16 years, his case was
transferred to the Children's Court. Learned counsel further
Patna High Court CR. APP (SJ) No.3619 of 2024 dt.28-02-2025
submits that the deposition of the informant was recorded and
he specifically stated in cross examination that this appellant
was not involved in the occurrence. Learned counsel further
submits that the charge sheet also shows that there is no specific
allegation against the appellant. Learned counsel further submits
that learned trial court ought to have considered the fact that the
appellant was juvenile and his prayer of bail was to be
considered under Section 12 of the Juvenile Justice Act. Now,
the appellant has become major and he undertakes that he would
not join or indulge in any manner with any anti-social elements.
The appellant would fully cooperate in trial and would not try to
influence the witness or tamper with the evidence. The appellant
is also having antecedent of two cases and he is on bail in both
the cases.
05. Learned Spl.P.P. for the State opposes the
submission made on behalf of the learned counsel for the
appellant. Learned Spl.P.P. submits that the appellant has been
named in the case as one of the assailants and the appellant is
having antecedent of two cases. Learned Spl. P.P. submits that
the bail petition of a number of co-accused persons have been
rejected. The bail petition of Rahul Kumar Rawat was refused
by this Court vide order dated 28.09.2022 in Cr. Misc. No.
Patna High Court CR. APP (SJ) No.3619 of 2024 dt.28-02-2025
79953 of 2019. Learned Counsel further submits that bail
petition of Suresh Yadav was rejected vide order dated
04.12.2019 passed in Cr. Misc. No. 47703 of 2019, Surendra
Paswan was rejected vide order dated 11.06.2020 passed in Cr.
Misc. No. 4119 of 2020 and co-accused Mamta Yadav was
refused bail vide order dated 15.12.2020 passed in Cr. Misc. No.
60007 of 2019 though he was subsequently granted bail.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
appellant who is stated to be a juvenile at the time of occurrence
and further considering the absence of specific allegation
against the appellant and the possibility of the appellant not
joining the company of bad elements, let the appellant above
named, in the event of his arrest or surrender before the court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of Court of learned Special
Judge (Children Court)-cum-Additional Sessions Judge-I, Jamui
in connection with Children Case No. 09 of 2024 arising out of
Jhajha P.S. Case No. 18 of 2019, subject to the condition laid
Patna High Court CR. APP (SJ) No.3619 of 2024 dt.28-02-2025
down under Section 437(3) of the Code of Criminal Procedure
and other following conditions:
(i) One of the bailors will be a
close relative of the appellant.
(ii) The appellant will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
07. Accordingly, the impugned order dated
09.07.2024 is set aside and the appeal stands allowed.
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 28.02.2025
Transmission Date 28.02.2025
