Shrawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7487 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== Shrawan Yadav S/O Late Ganesh Yadav R/o mohalla - Balijori Bigha, P.S.- Chandauti, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 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 342, 326, 307, 120B/34 of the Indian Penal Code and Section 27of Arms Act.

As per prosecution case,when the informant along with his family members were at home, in the meantime, the accused persons including the petitioner came there and took Rampravesh Yadav and Sachin Kumar on the pretext of settling their dispute through compromise but co-accused persons fired upon both of them due to which they sustained injury.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7487 of 2023(4) dt.05-07-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of F.I.R., it appears that the specific allegation is against co-accused Vinod Paswan who fired upon Ram Pravesh Yadav and coaccused Navin Kumar who shot fire upon Sachin Kumar due to which they sustained injuries. There is no specific overt-act attributed to the petitioner in the alleged offence. It is further submitted that similarly situated co-accused namely, Arjun Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 28.04.2023 passed in Cr. Misc.15782 of 2023. Moreover, the petitioner is languishing in judicial custody since 22.08.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandauti P.S. Case No. 347 of 2022 on furnishing bail

Patna High Court CR. MISC. No.7487 of 2023(4) dt.05-07-2023 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gaya.

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