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Patna High CourtCR. MISC./16250/2023allowed

Sunil Yadav @ Sunil Kumar v. The State Of Bihar

2023-04-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16250 of 2023 Arising Out of PS. Case No.-12 Year-2021 Thana- SIMRI District- Darbhanga ====================================================== SUNIL YADAV @ SUNIL KUMAR S/O RAM KISHORE YADAV R/vSimri, P.S.- Simri, District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr. Thakur, Adv.

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 120(B) of the Indian Penal Code and section 27 of the Arms Act.

During a Panchayati, out of several persons, one fired causing injury at the abdomen of the informant as a result whereof he died. Subsequentluy, during investigation, it surfaced that co-accused Baban Yadav had caused the firearm injury which would be evident from the impugned order also. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case.

Patna High Court CR. MISC. No.16250 of 2023(2) dt.29-04-2023 2/2 Petitioner is not named in the FIR. Specific allegation is against Baban Yadav and not against the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 24.02.2022 passed in Cr. Misc. No. 37325 of 2021. Petitioner is languishing in judicial custody sine 4.01.2023. 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 Additional Chief Judicial Magistrate-IV, Darbhanga at Laherissarai in connection with Simri P.S. Case No. 12 of 2021. (Sunil Kumar Panwar, J) sushma/- U