Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40502 of 2022 Arising Out of PS. Case No.-270 Year-2017 Thana- SHEKHPURA District- Sheikhpura ====================================================== MANOJ YADAV S/O RAMJI YADAV @ RAMJEE YADAV Resident of Village- Gagri, P.S.- Shiekhpura (Sirari), District- Shiekhpura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.D.K. Sinha, Sr. Adv.

Mr Rajesh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail a case registered for the offence punishable under sections 342, 326, 307, 302/34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, while the informant and his son were on the way, petitioner and Mukesh Yadav caught hold of his son and Shiv Kumar Yadav fired upon him as a result of which he died on spot and informant also sustained bullet injury. Taking the advantage of darkness, accused persons managed to escape.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific

Patna High Court CR. MISC. No.40502 of 2022(3) dt.15-02-2023 2/2 allegation of killing the informant's son by gun shot is against Shiv Kumar Yadav. Petitioner's father had earlier lodged a case against the present informant and his family members. Petitioner is languishing in judicial custody since 23.09.2021. The application for bail is opposed by learned APP for the State.

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 CJM, Sheikhpura in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 270 of 2017.

(Sunil Kumar Panwar, J) sushma/- U