Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9673 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== Karu Yadav S/O Bittan Yadav @ Bitto Yadav Resident Of Village- Jagatpur, P.S.- Parbatta, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B), 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, co-accused Pradip Yadav came with four wheeler vehicle and stopped the vehicle in front of the said basa of the informant. Thereafter, the petitioner and other co-accused persons came out from the vehicle and pointed the pistol on the informant and his wife. Thereafter, the petitioner and

Patna High Court CR. MISC. No.9673 of 2023(2) dt.05-05-2023 2/3 other accused persons took away the son of the informant to Koran Bahiyar and they shot the son of the informant dead.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Only one gunshot injury was found on the person of the deceased. There is no overt act attributed against the petitioner. During investigation, it came in light that re-statement of the informant is not corroborated to the statement in the fardbeyan. The petitioner is languishing in custody since 21.03.2022. Moreover other co-accused has been granted bail by a coordinate Bench of this Court vide order dated 12.04.2023 passed in Cr. Misc. No. 70418 of 2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.9673 of 2023(2) dt.05-05-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, III, Naugachiya in connection with Parbatta P.S. Case No. 21 of 2022.

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