Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15230 of 2023 Arising Out of PS. Case No.-446 Year-2020 Thana- DUMRAO District- Buxar ====================================================== MANISH YADAV S/O Rajdev Yadav R/V- PRATAPSAGAR, P.S.- DUMRAON (NAYA BHOJPUR), DIST. BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 302, 506 of the Indian Penal Code and Section 27 of the Arms Act. It is a case of commission of murder to the informant's father, by gunshot by FIR named accused persons. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. Specific allegation of opening fire is against co-accused Birbal Yadav, Jagdesh Yadav During investigation no reliable material is brought on record to suggest the complicity of the petitioner with the offence in question which is also apparent from the charge sheet submitted by the

Patna High Court CR. MISC. No.15230 of 2023(3) dt.27-06-2023 2/2 police against the petitioner and he has not been sent up for trial. Co-accused Birbal Yadav, against whom there is specific allegation of opening fire, had already been enlarged on bail by another coordinate Bench of this Court vide order dated 24.6.2023 passed in Cr. Misc. No. 10341 of 2023. The application for bail is opposed by learned APP for the State and learned counsel for the informant. 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 CJM, Buxar in connection with Dumraon P.S. Case No. 446 of 2020. (Sunil Kumar Panwar, J) sushma/- U