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Patna High CourtCR. MISC./25157/2023allowed

Ishar Yadav @ Ishar Kumar @ Isar Yadav v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25157 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Ishar Yadav @ Ishar Kumar @ Isar Yadav Son Of Achhelal Yadav R/O Vill.- Kanjari, P.S.- Beldour, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 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 307, 34 of the IPC and Section 27 of the Arms Act.

As per FIR, the allegation against the petitioner is that he caught hold the informant and co-accused, namely, Pintu Yadav fired upon the informant due to which he sustained injury. It is further alleged that co-accused persons also assaulted his family members.

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 dirty village politics. There is no specific allegation of shot fire attributed

Patna High Court CR. MISC. No.25157 of 2023(2) dt.23-05-2023 2/2 against the petitioner rather the specific allegation of shot fire is against, co-accused. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vider order dated 27.04.2023 passed in Cr. Misc. No. 4269 of 2023. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.12.2022.

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 Beldour P.S. Case No. 132 of 2022 on furnishing bail bond of 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