Jawahar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52910 of 2024 Arising Out of PS. Case No.-74 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Jawahar Yadav S/O Yugal Yadav R/O Village- Tetari, P.S- Kajara, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 120B, 121A, 124A, 353, 307 of the Indian Penal Code, Sections 10, 13, 16, 20 of UAP Act and Section 27 of Arms Act.

3. As per prosecution case, on information having been received about naxalites gathered then a raid was conducted by the informant along with police personnel. The petitioner along with FIR named accused persons were identified. It is stated that there was exchange of fire in which about 17 rounds were fired by the police personnel while 32-35 rounds fired by the naxalites on each other.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.52910 of 2024(2) dt.20-07-2024 2/2 falsely been implicated in this case. There is general and omnibus allegation against the petitioner and no specific overtact against him. No person was injured in the alleged occurrence. No any incriminating article has been recovered from conscious possession of the petitioner. Similarly situated co-accused Video Kora has been enlarged on bail by this Court vide order dated 4.8.2023 passed in Cr. Misc. No. 46007 of 2023. The petitioner is languishing in judicial custody since 18.3.2024.

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

6. 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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laraiyatarn P.S. Case No. 74 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger.

(Sunil Kumar Panwar, J) Amandeep/- U T