Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34759 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Pawan Yadav, Male, aged about 33 years, S/o Laturi Prasad @ Laturi Yadav R/O Village- Khutaha, P.S- Bypass, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan, Advocate For the State :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mojahidpur (Babarganj) P.S. Case No. 359 of 2022 dated 20.09.2022 registered for the offence punishable under Sections 341, 307, 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, accused persons named in the FIR surrounded the father of the informant and accused Ajit Kumar and Amar Yadav opened fire as a result of which he succumbed to gun shot injuries.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. No incriminating article has been recovered from the possession of

Patna High Court CR. MISC. No.34759 of 2023(2) dt.07-07-2023 2/2 the petitioner. The specific allegation of firing is against coaccused Ajit Kumar @ Karku and Amar Yadav. The petitioner is in jail custody since 14.10.2022. Learned counsel further submits that a co-ordinate Bench of this Court vide order dated 28.04.2023 in Cr. Misc. No. 14680 of 2023 and Cr. Misc. No. 14700 of 2023 has granted bail to the similarly situated coaccused namely, Vivekanand Kumar @ Disco and Rajesh Kumar Shah @ Rinku respectively.

Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 359 of 2022. (Sunil Dutta Mishra, J) P. Kumar U T