Patna High CourtCR. MISC./43807/2023bail granted

Shambhu Yadav v. The State Of Bihar

2023-07-25Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43807 of 2023 Arising Out of PS. Case No.-450 Year-2022 Thana- ALOULI District- Khagaria ====================================================== SHAMBHU YADAV, Son of Late Ramdeo Yadav, R/O Village- Bakuriya P.S.- Nawhatta (Darhar O.P.) Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Alauli P.S. Case No. 450 of 2022, dated 26.09.2022 registered for the offences punishable under Sections 302, 307 and 504/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel Mr. Viveka Nandsingh, appearing for the petitioner are that the petitioner who is the own brother of the informant, is not named in the FIR and the informant claimed to be the eyewitness of the alleged commission of murder of his son but he did not name this petitioner as an accused in the FIR and even in the protest petition filed by him he did not reveal the role of this petitioner in the alleged crime and admittedly a land dispute is

Patna High Court CR. MISC. No.43807 of 2023(2) dt.25-07-2023 2/2 running in between both the parties owing to which he has been implicated in this case. Further submission is that the petitioner has been languishing in jail since 09.12.2022 having fair and clean antecedent.

4. Learned APP Mr. Ram Bilash Roy Raman appearing for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of this case and considering the above submissions, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Alauli P.S. Case No. 450 of 2022. (Shailendra Singh, J.) Maynaz/- U T