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Patna High CourtCR. MISC./40109/2024allowed

Surendra Yadav v. The State Of Bihar

2024-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40109 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== Surendra Yadav Son of Late Jagdish Yadav Resident of Village- Koriho, P.S. -Sheikhpura, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s:

Mr.Arun Kumar Singh For the Informant :

Mr.Dinkar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 302/34 of the IPC. 3.

As per the prosecution case, the petitioner along with other co-accused persons killed the husband of the informant by brutally assaulting him.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioner. There is no specific overt act against the petitioner. The petitioner has one criminal antecedent. Petitioner is a

Patna High Court CR. MISC. No.40109 of 2024(2) dt.31-07-2024 2/2 handicapped person and has been rotting in judicial custody since 06.03.2024.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Ariyari P.S. Case No.225 of 2023. (Anjani Kumar Sharan, J) shikha/- U T