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Patna High CourtCR. MISC./28451/2023allowed

Dharamveer Yadav @ Dharamveer Kumar v. The State Of Bihar

2023-07-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28451 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== Dharamveer Yadav @ Dharamveer Kumar Son Of Late Brahmdev Prasad Yadav @ Brahmdev Yadav Resident Of Village - Sandalpur, P.S. - Kasim Bazar, Distt. - Munger ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar Verma For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 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 u/s 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the allegation against the accused persons including the petitioner is that they opened fired upon the informant due to which he sustained many gunshot injuries.

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

Patna High Court CR. MISC. No.28451 of 2023(3) dt.24-07-2023 2/2 politics. The FIR has been lodged after delay of two days without given any cogent reason and as per allegation of open firing no Injury Report has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 02.11.2022. 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 Kasim Bazar P.S. Case No. 171 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 Chief Judicial Magistrate, Munger.

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