Abhay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12507 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- SISWAN District- Siwan ====================================================== ABHAY YADAV S/o Chandrama Yadav @ Chandrma Yadav R/o VillageGyaspur Mathia, P.S.- Siswan, Distt- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 307, 120B/34 of the IPC and Section 27 of the Arms Act and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution case, the allegation against the accused persons including the petitioner is they fired upon the police officials due to which one police personnel sustained gun shot injury and died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the disclosure of the local chaukidar. There is no specific allegation of overt-act

Patna High Court CR. MISC. No.12507 of 2023(3) dt.20-07-2023 2/2 and opened fire levelled against the petitioner rather general and omnibus allegation levelled against him. From perusal of case diary, it appears that the specific allegation of shot firing is against co-accused, namely, Md. Aftab Alam @ Md. Aftab Miyan. It is further submitted that the petitioner suo-motu surrendered on 22.09.2022, before the learned court below and since then he is languishing in judicial custody. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Siswan P.S. Case No. 221 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Siwan. (Sunil Kumar Panwar, J) Manishkumar/- U T