Om Yadav @ Hariom Yadav @ Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30711 of 2023 Arising Out of PS. Case No.-114 Year-2021 Thana- SALIMPUR District- Patna ====================================================== Om Yadav @ Hariom Yadav @ Om Prakash Singh Son Of Late Nasiv Yadav @ Nasiv Singh Resident Of Village- Sammatpur, Ps- Salimpur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 342 and 302 of the Indian Penal Code and Section 27 of Arms Act.

3. According to prosecution case, all the accused persons surrounded the informant and her husband while they were going to sell vegetables in the morning and started firing upon them due to which her husband sustained firearm injuries and he died.

4.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 land dispute. Nothing

Patna High Court CR. MISC. No.30711 of 2023(4) dt.11-10-2023 2/2 specific allegation has been levelled against the petitioner rather general and omnibus allegation has been levelled against him. Similarly situated other co-accused person has already been granted bail by co-ordinate Bench of this Court vide Annexure-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 18.04.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Salimpur P.S. Case No. 114 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Barh.

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