Gurudev Yadav @ Gurudev Kevat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50623 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- BARH District- Patna ====================================================== Gurudev Yadav @ Gurudev Kevat Son Of Baso Yadav R/O-Bariyarpur, P.S.- Barh, Distt.-Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shilpi Keshri For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B), 201 of Indian Penal Code and section 27 of Arms Act. According to FIR, It is alleged that the petitioner is indulged in hatching conspiracy to commit murder of the informant's bother namely, Anil Yadav in connivance with others by shot fire.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There was a dispute in respect of land between the parties due to which the petitioner has falsely been implicated in this case. The informant is not an eye witness of the alleged occurrence rather he raised only suspicion against the petitioner. During course of

Patna High Court CR. MISC. No.50623 of 2023(2) dt.11-08-2023 2/2 investigation, no any consistent material has come against the petitioner which shows his involvement in the alleged occurrence. The entire prosecution hings around merely on suspicion. Moreover, similarly situated co-accused namely, Suraj Kewat has already been granted bail by this Court vide order dt. 18.7.2023 passed in Cr. Misc. No. 25126 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 13.4.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Barh P.S. Case No. 36 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Dist & Sessions Judge- Ist, Barh, Patna. (Sunil Kumar Panwar, J) shubham/- U T