Tribhuvan Kumar @ Tribhuvan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33226 of 2024 Arising Out of PS. Case No.-2 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Tribhuvan Kumar @ Tribhuvan Yadav S/O Of Late Dhirendra Yadav VillageJayram Parsi,P.S.- Gwalpara, Dist-Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 448, 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and other coaccused persons is that they abused the informant and when they raised protest, they assaulted his mother and brother-in-law. Allegation against the petitioner is that he shot fire upon the informant to which he narrowly escaped. It is further alleged that co-accused Dilkhush

Patna High Court CR. MISC. No.33226 of 2024(2) dt.16-05-2024 2/3 Kumar fired upon the informant due to which he sustained fire arm injury in his stomach.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is land dispute between the parties. Specific allegation of shot fire due to which informant sustained injury is levelled upon coaccused Dilkhush Kumar. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent The petitioner is languishing in custody since 20.01.2024. Similarly situated co-accused Dilkhush Kumar has already been granted bail vide order dated 19.01.2024, passed in Cr. Misc. No. 48122 of 2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.33226 of 2024(2) dt.16-05-2024 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge 1-cum-Special Judge, Madhepura in connection with Gwalpara P.S. Case No. 02 of 2022. (Sunil Kumar Panwar, J) Nirajkrs/- U T