Bogan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57146 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== BOGAN YADAV SON OF RAJPATI YADAV RESIDENT OF VILLAGE - SHRINAGAR CHHARRAPATI, (RABHUNATHPUR, BARARI), P.S. - SAHEBPUR KAMAL, DISTRICT - BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner along with others is of indiscriminating firing upon the brother of the informant, due to which he succumbed to injury.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is only a member of mob rather the specific allegation against coaccused Pinku Yadav @ Madhav Yadav, who shot fire upon the
Patna High Court CR. MISC. No.57146 of 2023(2) dt.08-09-2023 2/2 informant's brother, due to which he died. There is no specific overt act of firing against the petitioner. He is languishing in judicial custody since 24.01.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Khagaria P.S. Case No. 478 of 2022.
(Sunil Kumar Panwar, J) arish/- U