Surendra Yadav @ Suren Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24888 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Surendra Yadav @ Suren Yadav S/O Late Dev Narayan Yadav Resident of Village- Noharkhothi Ward No.- 11, P.S.- Gwalpara, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Gwalpara P.S. Case No. 147 of 2022 dated 22.06.2022 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent and he is a poor farmer and has been languishing in jail since 07.12.2022 and against him, the investigation has been completed and as per the FIR, he is alleged to be a member of the alleged mob consisting of seven co-accused persons including the petitioner and five unknown persons and the main allegation of firing at the deceased is against two co-accused persons namely Biren Yadav and Mannu

Patna High Court CR. MISC. No.24888 of 2023(2) dt.19-05-2023 2/2 Kumar and there is no specific allegation against the petitioner and a dispute with regard to grazing of buffalo on petitioner's agricultural land is stated to be the genesis of the occurrence.

4. Per Contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the facts that there is no specific allegation against the petitioner and he is simply alleged to be a member of the alleged mob, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Gwalpara P.S. Case No. 147 of 2022.

(Shailendra Singh, J) annu/- U T