Suresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57441 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- KINJAR District- Jehanabad ====================================================== SURESH YADAV S/o Late Jagdev Yadav R/o Village- Wajitpur, P.S.- Kinjar, District- Arwal.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Kinjar P.S. Case No. 44 of 2020 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 447, 504, 506 and 325 of the Indian Penal Code and Section 27 of the Arms Act. The case of the prosecution as per FIR is that altogether 14 named accused persons had arrived at the place of occurrence and had indulged in indiscriminate firing causing injury on the leg of the sister-in-law of the informant. It is also alleged that the accused persons including the petitioner herein had also assaulted the members of the prosecution side by rod, lathi and danda resulting in injuries being inflicted upon them. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the
Patna High Court CR. MISC. No.57441 of 2021(2) dt.13-01-2022 2/3 present case, is having a clean antecedent and he is languishing in custody since 07.07.2021. The learned counsel for the petitioner has also submitted that no allegation has been levelled against the petitoner of him having indulged in any sort of overt act and a general and omnibus allegation has been levelled against the petitioner. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 30.04.2021 passed in Criminal Misc. No. 8735 of 2021.
Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail by a coordinate Bench of this Court apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57441 of 2021(2) dt.13-01-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate-3rd, Arwal in connection with Kinjar P.S. Case No. 44 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T