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Patna High CourtCR. MISC./5723/2023allowed

Pappu Yadav v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5723 of 2023 Arising Out of PS. Case No.-69 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== 1.

PAPPU YADAV Son of Late Maheshwar Yadav R/v- Piparpati, P.S.- Pasraha, District- Khagaria 2.

MUKESH YADAV Son of Police Yadav R/v- Piparpati, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 307/34, 120(B) of the Indian Penal Code and Section 27 (3) of the Arms Act. As per allegation in the FIR, on the order of coaccused Ganesh Yadav, Brajesh Yadav and Mukesh Yadav (Petitioner) fired on the head of her husband and Pappu Yadav (petitioner), co-accused Subodh Yadav, Ganesh Yadav fired on the stomach of the husband of the informant as a result of which he died.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.5723 of 2023(3) dt.19-06-2023 2/2 that petitioners have been falsely implicated in this case. Infact, deceased himself was a veteran criminal and seven criminal cases are against him. Some one might have killed him due to enmity. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 5.4.2023 passed in Cr. Misc. No. 2309 of 2023. Petitioners are languishing in judicial custody since 18.5.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM IV, Khagaria in connection with Pasraha P.S. Case No. 69 of 2021.

(Sunil Kumar Panwar, J) Sushma/- U