Sanku Yadav @ Shivshankar Kumar @ Shanku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40636 of 2023 Arising Out of PS. Case No.-140 Year-2021 Thana- KASIMBAZAR District- Munger ====================================================== Sanku Yadav @ Shivshankar Kumar @ Shanku Yadav Son Of Manoj Yadav @ Manoj Kumar Resident Of Village- Naulakhkha, Ps- Naya Ramnagar, Distt- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== 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 bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 302 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner surrounded the brother of the informant and co-accused Guddu Yadav assaulted with Chewani, a sharp cut weapon. It is alleged against the petitioner that he

Patna High Court CR. MISC. No.40636 of 2023(2) dt.14-07-2023 2/3 caught hold the brother of the informant. The victim was thereafter taken to the hospital, but on way, he succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Both sides are agnates and in the background of some land dispute, the present accusation has been levelled against the petitioner. There is counter version of the occurrence also. There is general and omnibus allegation against the petitioner and the specific accusation of making assault is not against the petitioner. Moreover co-accused Guddu Yadav @ Binod Kumar Yadav has been granted privilage of bail by a coordinate Bench of this Court vide order dated 12.12.2022 passed in Cr. Misc. No. 50592 of 2022. The petitioner is languishing in custody since 23.03.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of

Patna High Court CR. MISC. No.40636 of 2023(2) dt.14-07-2023 3/3 the petitioner.

Having heard learned counsel for the parties and considering the facts and 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 140 of 2021.

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