Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19118 of 2024 Arising Out of PS. Case No.-64 Year-2019 Thana- BASANHI District- Saharsa ====================================================== Shankar Yadav S/O Mallar Yadav R/O Village-Balaitha, P.S.-Basnahi, District-Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-04-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the accused persons are said to have fired upon the son of the informant as a result of which he sustained gun shot injury and in the way to the hospital, he died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is in custody since 10.01.2024. Learned counsel for the petitioner further submits that co-accused namely Surendra Yadav has been granted bail by a co-ordinate Bench of

Patna High Court CR. MISC. No.19118 of 2024(3) dt.03-04-2024 2/2 this Court in Cr. Misc. No. 30277 of 2020 dated 21.12.2020.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail after framing of charge if the charge has not already been framed and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C. Saharsa/concerned Court below in connection with Basnahi P.S. Case No. 64 of 2019.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T