Bambu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56203 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- NAGARNAUSA District- Nalanda ====================================================== Bambu Yadav S/O Late Yogendra Yadav @ Jogi Singh R/O VillageNuruddinpur, Ps. Khushrupur, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Baljit Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that the informant along with his sister was coming back to the house on a motorcycle and on way, the accused persons including the petitioner had intercepted and surrounded them, whereafter, the co-accused persons had put towel around the neck of the son of the informant and then

Patna High Court CR. MISC. No.56203 of 2023(3) dt.12-10-2023 2/3 other co-accused fired a gunshot in the stomach of the son of the informant, leading to death of the son of the informant. It is also alleged that all the co-accused persons had fired indiscriminately and then fled away. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. There is general and omnibus allegation against the petitioner and the specific accusation of making assault to the deceased is against Sanjay Yadav who has been released on bail by a coordinate Bench of this Court vide order dated 17.08.2023 passed in Cr. Misc. No. 51854 of 2023. The petitioner is languishing in custody since 05.04.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.56203 of 2023(3) dt.12-10-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Nagarnausa P.S. Case No. 08 of 2022.

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