Shlok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10232 of 2022 Arising Out of PS. Case No.-88 Year-2020 Thana- BIND District- Nalanda ====================================================== SHLOK YADAV S/O KEDAR YADAV R/O VILLAGE- MUBARAKPUR, P.S.- BHADAUR, DIST.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kanchan Kumari Mr. Gopesh Raj For the Opposite Party/s :

Mr.Suresh Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 302, 201, 120B of the Indian Penal Code and section 27 of the Arms Act.

Allegedly, informant got information that her husband was killed by accused persons and then the informant reached to the hospital where she found her husband dead condition having bullet injury at his chest.

The main submissions advanced by the learned counsel for the petitioner are that FIR was lodged against unknown persons and the informant simply raised suspicion against unknown persons

Patna High Court CR. MISC. No.10232 of 2022(2) dt.06-07-2022 2/3 and name of the petitioner came into light being involved in the alleged crime in the statement of co-accused Ganesh Prasad who has been granted regular bail by a coordinate bench of this court vide order passed in Cr. Misc. no. 21368 of 2021 and other similarly situated co-accused Subhash Prasad was also considered for regular bail vide order passed in Cr. Misc. no. 22231 of 2021 and petitioner's case is on better footing as except the statement of co-accused persons made before the police during investigation, there is no other evidence or material against him and investigation has been completed against the petitioner. Further submission is that against petitioner there is one criminal case in which he is on bail. Learned APP has opposed the prayer for bail.

Heard both sides and perused the FIR. FIR was lodged against unknown persons and after completion of investigation charge has been framed against the petitioner and thereafter, five witnesses of the prosecution have been examined as it appears from the order of the learned court below and it also appears from the said order that except statement of co-accused persons including the petitioner made before the police during investigation, there is no any material as such petitioner's case appears to be of similar footing with co-accused persons who are on bail vide orders passed in the above mentioned miscellaneous cases. Considering these facts as well as custody period of petitioner and stage of the case, in my view, petitioner also deserves privilege of bail. Let the petitioner be

Patna High Court CR. MISC. No.10232 of 2022(2) dt.06-07-2022 3/3 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 the Addl. Sessions Judge, VIII, Nalanda at Biharsharif in Sessions trial no. 722 of 2021 arising out of Bind P.S Case No. 88 of 2020. (Shailendra Singh, J) s.hassan/- U T