Dayanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4380 of 2023 Arising Out of PS. Case No.-99 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Dayanand Yadav Son Of Late Ghutar Yadav R/V- Kabirpur, P.S.- Shekhopur Sarai, District- Shekhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Shekhopur Sarai P.S. Case No. 99 of 2020 registered under sections 302 and 34 of the Indian Penal Code and 27 of the Arms Act.

As per prosecution case, it is stated by the informant that the twelve named accused persons including this petitioner are said to have resorted to indiscriminate firing killing the nephew of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. It is further submitted that there is no specific allegation against the

Patna High Court CR. MISC. No.4380 of 2023(3) dt.05-04-2023 2/2 petitioner rather general and omnibus allegation has been levelled against him. Nothing consistent material came against the petitioner. Similarly situated several co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 12.01.2023 in Cr. Misc. No. 24297 of 2022. Further, the petitioner had voluntarily surrendered on 09.12.2022 and since then he is languishing in judicial custody. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Shekhopur Sarai P.S. Case No. 99 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Shekhpura.

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