Suraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54447 of 2023 Arising Out of PS. Case No.-62 Year-2005 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Suraj Yadav S/O Naresh Yadav Resident Of Village Sabar P S Karamchat District Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 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, 458 and 302 of the Indian Penal Code, Section 27 of Arms Act and Section 17 of CLA Act.

3. Allegation against the petitioner along with other co-accused person is that they came at the house of the informant and started abusing him along with his family members. Further, one co-accused, namely, Mahendra Yadav armed with gun fired upon the informant's son namely Jawahar Paswan due to which he fell down and died.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54447 of 2023(3) dt.18-09-2023 2/2 petitioner is innocent and has committed no offence. Nothing specific allegation has been levelled against the petitioner rather the specific allegation of shot firing upon the informant's son is against co-accused Mahendra Yadav due to which the informant's son shot dead. Charge has already been framed in this case. Moreover, the petitioner is languishing in judicial custody since 19.01.2023.

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 Bhagwanpur P.S. Case No. 62 of 2005 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabua. (Sunil Kumar Panwar, J) shubham/- U T