Suraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4134 of 2023 Arising Out of PS. Case No.-446 Year-2020 Thana- DUMRAO District- Buxar ====================================================== SURAJ YADAV Son of Late Ramjatan Yadav R/V- Pratapsagar, PS- Dumraon (Naya Bhojpur O.P) Dist- Buxar Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 302, 506 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, the informant alleged that the the accused persons committed murder of his father. During course of this incident, the petitioner caught hold legs of the deceased and co-accused Birbal Yadav, Manish Yadav and Amit Yadav fired upon him due to which informant's father was shot dead.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The specific allegation is

Patna High Court CR. MISC. No.4134 of 2023(2) dt.05-04-2023 2/2 against co-accused persons namely, Birbal Yadav, Manish Yadav and Amit Yadav who fired upon the informant's father due to which he died. General and omnibus allegation has been leveled against this petitioner. Moreover, similarly situated co-accused Rajdev Yadav has already been granted bail by a co-ordinate Bench of this Court vide order 1.11.2022 passed in Cr. Misc. No. 35086 of 2022 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 1.12.2022. Learned APP appearing for the state and learned counsel for the informant have vehemency opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case No. 446 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar.

(Sunil Kumar Panwar, J) Amandeep/- U T