Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9311 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Bipin Yadav S/O Upendra Yadav @ Apendra Yadav, Resident Of VillagePirnagara, P.S.- Beldaur, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Beldaur P.S. Case No. 128 of 2022 registered for the offence punishable under Section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, the accused persons including the petitioner entered into the house of the informant and they opened fire on the mother of informant which hit to the mother of informant and she died.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case due to land dispute. The allegation against the petitioner is not specific. There is general and omnibus allegation. The specific allegation of fire is against co-accused

Patna High Court CR. MISC. No.9311 of 2023(2) dt.03-05-2023 2/2 Dharambeer Yadav. The petitioner is languishing in Judicial custody since 22.08.2022. Moreover, similarly situated coaccused persons have been granted bail vide order dated 24.04.2023, passed in Cr. Misc. No. 10400 of 2023 by coordinate Bench of this Court. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Beldaur P.S. Case No. 128 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T