Manish Yadav @ Manikant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8113 of 2022 Arising Out of PS. Case No.-23 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== MANISH YADAV @ MANIKANT YADAV SON OF UPENDRA YADAV RESIDENT OF VILLAGE- KABIRPUR, POLICE STATIONSHEIKHOPUR SARAI, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kahaiya Prasad Singh, Sr.Adv.

Mr.Birendra Kumar Singh,Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray,APP Mr.Ajya Singh,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

08-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Sections 307 / 302 / 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner is alleged to have caught hold of father of the informant and other coaccused fired upon him, as a result of which, father of the informant died.

It is submitted on behalf of petitioner that allegation of firing is against other co-accused persons and so far as this petitioner is concerned, he is only alleged to have caught hold of

Patna High Court CR. MISC. No.8113 of 2022(2) dt.08-04-2022 2/2 the deceased. Petitioner has been remanded in this case on 19.06.2021 from Sheikhopur Sarai P.S. Case No. 60 of 2018 and since then, he is in custody. Chargesheet has already been submitted.

However, counsel for the informant vehemently opposed the bail petition and submitted that petitioner has also participated in the occurrence and he is alleged to have caught hold of the deceased (father of informant). Apart from that, petitioner has got criminal antecedent also.

Considering the fact that petitioner is not assailant of the deceased as well as period of custody of petitioner, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail 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., Sheikhpura / concerned court in connection with Sheikhopur Sarai P.S. Case No. 23 of 2020. (Prabhat Kumar Singh, J) anay/- U T