Jogendra Yadav @ Yogendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14486 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- SIMULTALLA District- Jamui ====================================================== JOGENDRA YADAV @ YOGENDRA YADAV Son of Chetan Yadav R/vNoniya Tari, P.S.- Chander Nandiah, Dist- Jamui ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Mohan For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, informant alleged that on 10.08.2022, while his brother was going towards Lohiya Chowk, petitioner along with other co-accused persons assaulted him by firearms. Thereafter, the informant took his brother hospital, where doctor declared him dead. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. There is general and omnibus allegation against the petitioner rather
Patna High Court CR. MISC. No.14486 of 2023(2) dt.05-05-2023 2/2 specific allegation of firing to the deceased is against others coaccused. No specific overt act against this petitioner and during investigation, the name of the petitioner has come into light, on the basis of confessional statement of other co-accused. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 24.03.2023 passed in Cr. Misc. No. 75394 of 2022. He is languishing in judicial custody since 17.08.2022.
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, 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 A.C.J.M.-II, Jamui in connection with Simultalla P.S. Case No. 75 of 2022.
(Sunil Kumar Panwar, J) arish/- U T