Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44958 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== SUNIL YADAV Son of Ramashish Yadav Resident of village - Kanka Bigha, P.S.- Kako (Bhelawar), District - Jahanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34/120(B) of the IPC and Section 27 of Arms Act.

As per allegation in the FIR, three accused persons, namely, Satish Kumar, Randhir Kumar and Madhir Kumar surrounded his father and started to make firing one by one as a result of which his father succumbed to gun shot injuries. It is further alleged that in the year 2017, three persons had been killed by the same accused persons and their associates. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. Specific allegation is against other

Patna High Court CR. MISC. No.44958 of 2023(2) dt.28-07-2023 2/2 three accused persons. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion and confessional statement of Nabab Kumar, the name of the petitioner dragged in the present case. General and omnibus allegation is levelled against the petitioner. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 12.05.2023.

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 Judicial Magistrate 1st Class, Jehanabad in connection with Parasbigha PS Case No. 161 of 2022.

(Sunil Kumar Panwar, J) sushma/- U