← Library
Patna High CourtCR. MISC./3404/2023allowed

Rajan Yadav v. The State Of Bihar

2023-04-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3404 of 2023 Arising Out of PS. Case No.-296 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== RAJAN YADAV S/O MISHRILAL RAY @ MISHRI YADAV R/VMAJURAHA, P.S.- RAGHUNATHPUR (O.P) TURKAULIYA, DISTRICTEAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B, 34 of the Indian Penal Code and sections 27 of the Arms Act. As per allegation in the FIR, the informant's father has been shot dead by FIR named accused persons on account of political rivalry at Panchayat level.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case on the basis of suspicion. He is not named in the FIR. Co-accused Dablu Khan @ Sahid confessed his implication and stated that he fired upon the deceased and fled away hiding the pistol in

Patna High Court CR. MISC. No.3404 of 2023(2) dt.03-04-2023 2/2 bush. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 14.09.2022 passed in Cr. Misc. No. 69699 of 2021. Petitioner is languishing in judicial custody since 07.09.2022. 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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Town P.S. Case No. 296 of 2021.

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