Arjun Singh @ Arjun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41526 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- GOH District- Aurangabad ====================================================== Arjun Singh @ Arjun Yadav, aged about 45 years, Son of Jagdish Yadav, Resident of village - Ghejana, P.S. - Goh, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Goh P.S. Case No. 291 of 2023 instituted for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioner is to have committed murder of father of the informant by means of causing firearms injury along with other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.41526 of 2024(2) dt.15-07-2024 2/3 falsely been implicated in this case. It is further submitted that there is no involvement of the petitioner in committing the murder of the informant's father. There is no any specific allegation alleged in the FIR. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 11.12.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional District and Sessions Judge-II, Aurangabad, it appears that petitioner is named in the FIR and his name transpired in this case during the course of investigation. From perusal of the records, it also appears that at the night of the alleged occurrence petitioner also slept with the deceased informant's father in the room, in which informant father was killed but no any specific allegation attributed in the FIR to connect the petitioner in the said crime. Nothing incriminating articles have been recovered from the conscious possession of the petitioner during course of investigation, which may connect him with the present set of occurrence. Similarly situated coaccused person namely Kaushal Kumar @ Kaushal Paswan has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 15850 of 2024 vide order dated 13.03.2024, accordingly the prayer for bail of the petitioner is allowed. Let

Patna High Court CR. MISC. No.41526 of 2024(2) dt.15-07-2024 3/3 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 Additional District and Sessions Judge-II, Aurangabad in connection with Sessions Trial No. 268 /2024/51/2024 arising out of Goh P.S. Case No. 291 of 2023 (CIS-268/2024).

(Ramesh Chand Malviya, J) Anand Kr.

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