Laxman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58392 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- KHAIRA District- Jamui ====================================================== LAXMAN YADAV Son of Sitaram Yadav @ Chintavan Yadav R/VManjhiyari, P.S- Khaira, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 324, 307, 506 of the Indian Penal Code and 27 of the Arms Act.s As per prosecution case, while the informant was leveling his land in the meantime, accused persons including came there and restrained him to work. It is further alleged that co-accused Rahul Yadav fired upon the chest of the informant due to which he sustained firearm injury thereafter the petitioner also fired upon him but did not hit to anyone. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a land dispute between the informant and the petitioner due to

Patna High Court CR. MISC. No.58392 of 2022(2) dt.18-01-2023 2/2 which the petitioner has falsely been implicated in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that specific allegation of shot fire is against co-accused Rahul Kumar due to which the informant sustained injury and this petitioner also opened fire but did not hit him and he escaped narrowly. The petitioner is languishing in judicial custody since 20.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Khaira P.S. Case No. 34 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui.

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