Dayanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48593 of 2022 Arising Out of PS. Case No.-362 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== DAYANAND YADAV Son of Late Lokan Yadav R/O Village - Wazitpur, P.S.- Deepnagar, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2022 Heard the parties via video conferencing.

Petitioner seeks regular bail in connection with Deepnagar PS Case No. 362 / 2021 registered under Sections 147, 148, 149, 341, 323, 307, 504, 302, 120B of the IPC and Section 27 of the Arms Act.

As per the first information report the petitioner along with other accused persons, six in number, arrived near the house of the informant and started firing. It has further been alleged that the co-accused / Vikash Yadav fired upon the fatherin-law of the informant due to which he died. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to land dispute which would be evident from the first information report. He further submits that general and omnibus allegation

Patna High Court CR. MISC. No.48593 of 2022(2) dt.16-12-2022 2/2 of firing is upon seven accused persons and there is specific allegation of firing upon the co-accused / Vikash Yadav due to which the informant's father-in-law died. The petitioner is in custody since 30.10.2021 and two co-accused persons have been granted anticipatory bail as well as regular bail by this court vide Cr. Misc. Nos. 28792/2022 & 24478/2022 respectively.

Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner is not the main assailant, there is land dispute between the parties, the co-accused persons have been granted bail by this court, the petitioner is in custody since 30/10/2021 and charge sheet has already been submitted, and as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000 /-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar PS Case No. 362/2021.

(Anil Kumar Sinha, J) praful/- U T