Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25176 of 2023 Arising Out of PS. Case No.-252 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Arun Yadav Son Of Lagina Yadav @ Nagina Yadav Resident Of Village - Govindpur, P.S. - Mahesh Khunt, Distt. - Khagaria 2.

Kare Yadav Son Of Lagina Yadav @ Nagina Yadav Resident Of Village - Govindpur, P.S. - Mahesh Khunt, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 307, 379, 326, 120B, 506/34 of the Indian Penal Code and Section 27 of the Arms Act later on Section 302 was also added As per FIR, the allegation against the petitioners and co-accused persons is that they took outside the son of the informant and opened fired upon him as a result of which, he sustained injury and in course of treatment, he

Patna High Court CR. MISC. No.25176 of 2023(2) dt.23-05-2023 2/3 died.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to village politics. There is no specific allegation of shot fire attributed against the petitioner the specific allegation of shot fire is against co-accused, namely, Pappu Yadav due to which informant's son sustained injury. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 01.05.2023 passed in Cr. Misc. No. 15118 of 2023. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 24.01.2023. 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 petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Mahesh Khunt P.S. Case No. 252 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.25176 of 2023(2) dt.23-05-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Khagaria.

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