Karu Yadav @ Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16939 of 2023 Arising Out of PS. Case No.-134 Year-2019 Thana- MANPUR District- Nalanda ====================================================== Karu Yadav @ Nitish Yadav Son Of Binod Yadav R/O Village- Chak Dhanuki, Ps..- Manpur, District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 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 147, 148, 149, 342, 302 of the IPC and Section 27 of the Arms Act. As per prosecution case, The allegation against the petitioner and co-accused persons is that they committed murder of the informant's brother by means of opened firearm. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute. He has got no criminal antecedent. There is inordinate delay of five months in lodging of the FIR without given any cogent reason. Nothing incriminating article has been recovered from

Patna High Court CR. MISC. No.16939 of 2023(3) dt.13-07-2023 2/2 the conscious possession of the petitioner and there is general and omnibus allegation of commission of murder levelled against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 23.08.2022. It is further submitted that the petitioner is languishing in judicial custody since 25.09.2019. 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 Manpur P.S. Case No. 134 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VII, Nalanda at Biharsharif.

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