Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49528 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- NADI P.S. District- Bhagalpur ====================================================== PAPPU YADAV Son of Ambika Prasad Yadav @ Ambika Yadav Resident of village - Nayatola Bhawanpura, P.S.- Kharik, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pandey For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 302 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, while the informant and his brother along with one pillion rider Suman Yadav were going to Takna Diyara by motorcycle bearing registration no. BR10T6887, nine named accused reached near them and caught hold of his brother as a result of which motorcycle and all three fell down. Informant and his brother started to run but on chase his brother was caught and accused Jajla Yadav shot him on his head and stomach and he died on spot.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.49528 of 2022(4) dt.08-02-2023 2/2 that petitioner has been falsely implicated in this case. He is not named in the FIR. During investigation, his name has been surfaced in this case on the basis of his self confessional statement, which has no evidentiary value in the eye of law. Several accused persons have already been enlarged on bail by learned lower court, whose orders are annexed as Annexure-2 series and the case of the petitioner stands on better footing to that of the co-accused persons. Petitioner is languishing in judicial custody since 16.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, Naugachia in connection with Nadi P.S. Case No. 12 of 2022.

(Sunil Kumar Panwar, J) sushma/- U