Mulayam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14906 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- AGIAON District- Bhojpur ====================================================== MULAYAM YADAV S/O VIMAL SINGH @ HAKIM YADAV R/vBishambhra, P.S.- Agiaon (Garahni), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Pandey For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, the others co-accused are of firing upon the Grand-son of the informant namely, Chhotu Kumar, due to which, he succumbed to injury. Petitioner was only an order giver.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that, there is no specific overt act of shot fired against the petitioner rather specific allegation of shot fired upon the informant's Grand-son is

Patna High Court CR. MISC. No.14906 of 2023(2) dt.09-05-2023 2/2 against others co-accused Sonu Kumar, Vishal Kumar and Nitish Kumar. As per postmortem report, it appears that three entry wounds was found and the doctor opined cause of death is due to firearms injuries. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.11.2022. 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 C.J.M., Bhojpur at Ara in connection with Agiaon (Garahni) P.S. Case No. 121 of 2022.

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