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Patna High CourtCR. MISC./47844/2022allowed

Nunu Lal Yadav v. The State Of Bihar

2023-07-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47844 of 2022 Arising Out of PS. Case No.-149 Year-2020 Thana- FULKAHA District- Araria ====================================================== NUNU LAL YADAV S/o Late Bashudeo Yadav R/o village- Laxmipur, P.S.- Fulkaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 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 147, 149, 341, 323, 307, 506, 504, 353, 150, 212, 224, 225, 186 of the Indian Penal Code.

According to FIR, allegation against the petitioner is of creating hindrance and discharging the official duties of police personnel when the informant along with police personnel went to arrest the petitioner. Further, it is alleged that the petitioner fled away from custody of the police. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, it

Patna High Court CR. MISC. No.47844 of 2022(6) dt.11-07-2023 2/2 appears that no specific overt-act is attributed against the petitioner rather general and omnibus allegation leveled against him. He has also not assaulted any of the police personnel. The entire prosecution is false and fabricated. It is further submitted that the petitioner is languishing in judicial custody since 17.6.2022.

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 period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Fulkaha P.S. Case No. 149 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran or concerned Court. (Sunil Kumar Panwar, J) Amandeep/- U T