Patna High CourtCR. MISC./30496/2024allowed

Shankar Yadav v. The State Of Bihar

2024-07-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30496 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- JADIA District- Supaul ====================================================== Shankar Yadav S/O Late Kishundyal Yadav R/O Village- Parsagadhi (Tola Fasia Kothi), P.S- Jadiya, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Thakur For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code and later on Section 302 of IPC was added.

3. Allegation against co-accused persons along with this petitioner is that they assaulted the father of the informant due to which he sustained injuries and later on during treatment, he succumbed to injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any specific overt act has been levelled against the petitioner rather general and

Patna High Court CR. MISC. No.30496 of 2024(3) dt.02-07-2024 2/2 omnibus allegation has been attributed against him. Nothing consistent material has come against him. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 21.03.2024 in Cr. Misc. No. 3682 of 2024. Moreover, the petitioner is languishing in judicial custody since 21.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Jadia P.S. Case No. 223 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Supaul.

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