Shankar Kumar @ Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15814 of 2024 Arising Out of PS. Case No.-44 Year-2023 Thana- MARAUNA District- Supaul ====================================================== Shankar Kumar @ Shankar Yadav Son of Gudar Yadav Resident of VillageParikonch P.S.- Marauna, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Kumar Singh, Adv.

For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner along with others co-accused is said to have killed the grand-son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. There is general and omnibus allegation against the petitioner rather the specific allegation against coaccused Bipin Kumar, who shot fired on the deceased, due to which he died. There is no specific overt act against the

Patna High Court CR. MISC. No.15814 of 2024(2) dt.12-03-2024 2/2 petitioner of firing. Moreover, it is submitted that the other coaccused namely, Priyanshu Raj @ Chhotu Yadav has already been granted bail by this Bench vide order dated 08.01.2024 passed in Cr. Misc. No. 74848 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 10.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Chief Judicial Magistrate, Supaul in connection with Marauna P.S. Case No. 44 of 2023. (Sunil Kumar Panwar, J) Arish/- U T