Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12642 of 2023 Arising Out of PS. Case No.-119 Year-2021 Thana- SIMRI District- Darbhanga ====================================================== SUNDAR YADAV SON OF LATE VINAY YADAV R/O MOHALLA/VILLSANTPUR TARALAHI, P.S.- BISHANPUR, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 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 394, 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, it is stated by the informant that while his brother-in-law was traveling on his motorcycle, four unknown accused persons stopped his motorcycle and looted Rs. 5,000/- in cash besides other articles as mentioned in the FIR. In the occurrence, gun shot injury was received by the informant's brother-in-law, who subsequently died in course of treatment.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.12642 of 2023(3) dt.16-05-2023 2/3 dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Raghunandan Thakur, which has got no evidentiary value in the eyes of law. There is no consistent evidence and no eye-witness of the alleged occurrence. There is no specific overt act against the petitioner. No incriminating articles have recovered from the conscious possession of the petitioner and false confession of co-accused before the police made implication of petitioner in this present case. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 20.01.2023 passed in Cr. Misc. No. 40152 of 2022. He is languishing in judicial custody since 11.04.2022. 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 Chief

Patna High Court CR. MISC. No.12642 of 2023(3) dt.16-05-2023 3/3 Judicial Magistrate-IV, Darbhanga in connection with Simri P.S. Case No. 119 of 2021.

(Sunil Kumar Panwar, J) arish/- U T