Arjun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15782 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== ARJUN YADAV Son of Late Ganesh Yadav R/o Mohalla- Baljori Bigha, P.S.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 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 342, 326, 307, 120(b)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, when the informant along with his family members were at home, in the meantime, the accused persons including the petitioner came there and took Rampravesh and Sachin Kumar on the pretext of settling their dispute through compromise but co-accused persons fired upon both of them due to which they sustained injury. The petitioner is alleged to be caught hold the injured person. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15782 of 2023(2) dt.28-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, it appears that the specific allegation is against co-accused Vinod Paswan who fired upon Ram Parvesh Yadav and co-accused Navin Kumar who shot fire upon Sachin Kumar due to which they sustained injuries. There is no specific overt-act attributed to the petitioner in the alleged offence rather they only caught hold the injured persons at the time of occurrence. Similarly situated co-accused namely, Md. Firoz Alam has already granted bail by a co-ordinate Bench of this court vide order dated 25.4.2023 passed in Cr. Misc. No. 9594 of 2023. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 22.8.2022. 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 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 Chandauti P.S. Case No. 347 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.15782 of 2023(2) dt.28-04-2023 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Gaya.

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