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Patna High CourtCR. MISC./13063/2023allowed

Pappu Kumar Yadav @ Pappu Yadav v. The State Of Bihar

2023-05-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13063 of 2023 Arising Out of PS. Case No.-84 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Pappu Kumar Yadav @ Pappu Yadav S/o Jamun Yadav @ Yamuna Prasad Yadav R/o Village- Navtol, P.S.- Phulparas, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== 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 registered for the offence punishable under Sections 341, 323, 379, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, the informant's full brother was murdered and for that occurrence Phulparas P.S. Case No. 84 of 2022 has been registered and the accused persons were threatening the witnesses. It is further alleged that accused persons surrounded and assaulted the informant and petitioner opened firing at the informant in which he sustained injury. Accused persons also snatched Rs. 10,000/- from the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.13063 of 2023(2) dt.05-05-2023 2/2 falsely been implicated in this case due to old enmity as stated in the F.I.R. No serious fire arms injury caused by the petitioner and no any empty cartridge has been recovered. Moreover, the the petitioner is languishing in judicial custody since 23.02.2022.

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 period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulparas P.S. Case No. 84 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 A.C.J.M. II, Jhanjharpur (Madhubani).

(Sunil Kumar Panwar, J) nirajkrs/lata/- U T