Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33024 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Shambhu Yadav Son Of Suresh Yadav Resident Of Village Koria Haibatpur, P.S.- Muffasil, District - Begusarai.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr.Shivam For the Opposite Party/s :

Mr. Shubhesh Pandey For the State : Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against petitioner and co-accused Kari Yadav is that they fired on the informant's husband

Patna High Court CR. MISC. No.33024 of 2022(4) dt.21-02-2023 2/3 due to which he sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is land dispute between the parties. From the perusal of para 62 of the case diary, it is evident that co-accused Karu Yadav has shot fire upon the informant's husband due to which he sustained gun shot injury. Moreover, the petitioner is languishing in judicial custody since 06.04.2022. similarly situated co-accused person, namely, Kari Yadav, has been granted Bail vide order dated 04.11.2022, passed in Cr. Misc. No. 46285 of 2022 by the co-ordinate Bench of this Court.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail and submitted that there are 3 criminal antecedents of the petitioner.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.33024 of 2022(4) dt.21-02-2023 3/3 circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case No. 66 of 2022 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, Begusarai. (Sunil Kumar Panwar, J) nirajkrs/- U T