Praveen Yadav @ Parvin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35018 of 2023 Arising Out of PS. Case No.-553 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Parveen Yadav @ Pravin Yadav Son Of Late Bhuvneshwar Yadav Resident Of Village- Tintenga Karari, Ps- Gopalpur, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 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 341, 326, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner along with other co-accused person is that they fired upon the informant which hit on his thigh. Further, co-accused, namely, Sonu Yadav fired upon the informant which hit on his abdomen due to which he sustained firearm injury.

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 previous enmity. It is

Patna High Court CR. MISC. No.35018 of 2023(5) dt.18-09-2023 2/2 further submitted that from perusal of the injury report which has been annexed in the case diary, does not support with the prosecution case as only one firearm injury sustained on the abdomen of the informant. The allegation against the petitioner along with one co-accused is that they fired upon the informant's thigh which is not vital part of the body. Moreover, the petitioner is languishing in judicial custody since 17.02.2023.

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 Gopalpur P.S. Case No. 553 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 A.C.J.M.-1, Naugachia.

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