Dheeraj Yadav Alias Dheeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26134 of 2022 Arising Out of PS. Case No.-99 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== DHEERAJ YADAV ALIAS DHEERAJ KUMAR SON OF LATE GHUTAR YADAV ALIAS KRISHNA YADAV RESIDENT OF VILLAGEKABIRPUR, P.S- SHEKHOPUR SARAI, DIST- SHEIKHPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P.K.Shahi, Sr. Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-01-2023 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated by the informant that the twelve named accused persons including the petitioner herein is said to have resorted to indiscriminate firing killing the nephew of the informant.
It is submitted by learned Senior counsel appearing for the petitioner that the petitioner has been falsely implicated in the case due to prior enmity. In any view of the matter, the allegations are general and omnibus in nature. The case of the petitioner stands on a similar footing to that of co-accused Alok
Patna High Court CR. MISC. No.26134 of 2022(3) dt.13-01-2023 2/2 Yadav who has been enlarged on bail vide order dated 11.4.2022 passed in Cr. Misc. no.54448 of 2021, Niraj Yadav who has been enlarged on bail vide order dated 11.4.2022 passed in Cr. Misc. no.67067 of 2021 and Vijay Yadav who has been enlarged on bail vide order dated 25.4.2022 passed in Cr. Misc. no.57644 of 2021. The petitioner is in custody since 27.9.2021. Chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner in the F.I.R., the petitioner having remained in custody for more than 1 year 3 months since 27.9.2021, chargesheet having been submitted in the case and grant of bail to the similarly situated co-accused as stated herein above, the Court directs the petitioner to be enlarged on bail in connection with Shekhopursarai P.S. Case no.99 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura. (Partha Sarthy, J) Saurabh/- U T