Anuj Prasad @ Anuj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7714 of 2023 Arising Out of PS. Case No.-628 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== Anuj Prasad @ Anuj Yadav Son Of Latan Prasad @ Latan Gop@ Latan Yadav R/V- Sindhaul P.S- Sirdala, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Rajauli P.S. Case No. 628 of 2022 registered under sections 147, 148, 149, 341, 323, 324, 326, 307 and 302 of the Indian Penal Code and Sections 27 of the Arms Act.

Prosecution case relates to commission of murder of the informant's brother, namely, Uday Yadav @ Saheb Yadav by the co-accused persons including this petitioner. 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 village politics. Although, the petitioner is named in F.I.R. but there is no

Patna High Court CR. MISC. No.7714 of 2023(2) dt.12-04-2023 2/2 specific overt act of assaulting against him rather the specific overt act of assaulting upon the deceased is against co-accused person, namely, Naresh Prasad Yadav. Nothing consistent evidence came against the petitioner to implicate in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.11.2022. The application for bail is opposed by learned APP for the State and learned counsel for the informant. 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 Rajauli P.S. Case No. 628 of 2022 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 A.C.J.M.-1st, Nawada.