Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40959 of 2023 Arising Out of PS. Case No.-146 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Pawan Yadav Son Of Bilash Yadav Resident Of Village- Ramchandrapur, PsGoradih, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code. Accusation is of killing the father of the informant while his father was grazing cow in the field. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is no specific allegation has been levelled against the petitioner rather general and omnibus allegation has been levelled against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It is also submitted from para-2 of this petition that the petitioner had

Patna High Court CR. MISC. No.40959 of 2023(2) dt.14-07-2023 2/2 moved before this Hon'ble Court for grant of anticipatory bail by filing Cr. Misc. No. 66232 of 2022 but during pendency, petitioner was arrested, therefore, his petition of Anticipatory bail was withdrawn on 10.04.2023 by different co-ordinate Bench of this Court. Similarly situated other co-accused persons have already been granted anticipatory bail by the different coordinate Bench of this Court vide Annexure-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 18.02.2023.

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

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 Jagdishpur (Goradih) P.S. Case No. 146 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bhagalpur.

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