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Patna High CourtCR. MISC./51217/2023allowed

Neeraj Yadav @Paltu Yadav v. The State Of Bihar

2023-08-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51217 of 2023 Arising Out of PS. Case No.-846 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== NEERAJ YADAV @PALTU YADAV SON OF VAKIL YADAV RESIDENT OF VILLAGE- ADARSH COLONY SURKHIKAL BHATTHA, PS -BARARI, DISTRICT -BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly, petitioner, along with other accused persons, is said to have committed murder of the informant's brother.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation

Patna High Court CR. MISC. No.51217 of 2023(2) dt.29-08-2023 2/2 against Dablu Mandal and Suraj Tanti to fire upon each other. Petitioner has been made accused in the present case merely on the basis of suspicion. Similarly situated co-accused, namely, Manna @ Manoj Yadav has been enlarged on bail by this court vide order dated 23.01.2023 passed in Cr. Misc. No. 48775 of 2022. Petitioner has three criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kotwali (Barari) P.S. Case No. 846 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T