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Patna High CourtCR. MISC./50238/2022allowed

Rahul Yadav v. The State Of Bihar

2023-02-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50238 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- MAIGRA District- Gaya ====================================================== Rahul Yadav S/O Doman Yadav Resident Of Village- Tarvadih, P.S.- Maigra, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 427, 435 of the Indian Penal Code and Section 27 of Arms Act.

It is a case of assaulting and opening fire upon the family members of the informant. It is also alleged that petitioner and other co-accused persons ablaze the vehicles parked at the door of the informant. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.50238 of 2022(3) dt.06-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to Panchayat election rivalry. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. Moreover, petitioner is languishing in judicial custody since 10.06.2022. Similarly situated co-accused persons have been granted Bail vide order dated 03.08.2022 passed in Cr. Misc. No. 20937 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Maigra P.S. Case No. 42 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.50238 of 2022(3) dt.06-02-2023 3/3 the learned Judicial Magistrate, 1st Class, Sherghati, Gaya.

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