Sanoj Yadav @ Saroj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15384 of 2024 Arising Out of PS. Case No.-115 Year-2020 Thana- KURSAILA District- Katihar ====================================================== Sanoj Yadav @ Saroj Yadav, aged about 27 years, Male Son of Anil Yadav, Resident of Village and PO Sadhua Police Station Rangra OP, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kursela PS Case No. 115 of 2020 instituted for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, some unknown miscreants fired some shots and fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. Petitioner is not named in the FIR. Nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.15384 of 2024(2) dt.12-03-2024 2/2 Petitioner is not arrested at the spot and no offence is made out against the petitioner. Except the confessional statement of coaccused before the police there is nothing on record to show the complicity of the petitioner. Petitioner is in judicial custody since 20.07.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-III, Katihar dated 28.11.2023, it appears that petitioner is not named in the FIR and his name transpired in this case on the basis of confessional statement of co-accused before the police. From perusal of the entire records, it is stated that there is no any specific allegation of any overt act against the petitioner and no any injury caused to the victim, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kursela PS Case No. 115 of 2020.

(Ramesh Chand Malviya, J) Anand Kr.

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