Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14516 of 2023 Arising Out of PS. Case No.-283 Year-2021 Thana- PIPRA District- Supaul ====================================================== Anil Yadav, S/O Priyvat Yadav, R/O Village- Ramnagar, Ward No- 06, P.SPipra, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harsh Singh For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 326 and 307 of the Indian Penal Code and Section 27 of the Arms Act, wherein subsequently upon filing of chargesheet cognizance has been taken under Sections 326, 307 & 302 of the Indian Penal Code and 27 of the Arms Act. As per prosecution case, when the informant's husband Ram Prasad Yadav was sleeping at the door, some unknown persons shot fire on his head and ran away, due to which he sustained gun shot injury on his head and died during the course of treatment.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.14516 of 2023(2) dt.09-05-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity and land dispute. Neither the informant no her family members were eye witness of the alleged offence. Petitioner is not named in F.I.R. and his name sprang up in this case on the basis of his self confessional statement. In the post mortem report, only a single bullet injury has been found whereas it is claimed by the informant that 12 persons were involved in the occurrence. Similarly situated co-accused persons, namely, Kundan Kumar Yadav and Radhe Yadav have already been granted bail by different co-ordinate Benches of this Court vide order dated 01.09.2022 passed Cr. Misc. No. 31131 of 2022 and 04.01.2023 passed in Cr. Misc. No. 30169 of 2022 respectively. It is further submitted that the petitioner is languishing in judicial custody since 07.11.2022.
Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well
Patna High Court CR. MISC. No.14516 of 2023(2) dt.09-05-2023 3/3 as period of 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 Pipra P.S. Case No. 283 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Supaul.
(Sunil Kumar Panwar, J) Nirajkrs/Lata U T