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Patna High CourtCR. MISC./56070/2022allowed

Yuvraj Kumar v. The State Of Bihar

2023-02-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56070 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- NALANDA District- Nalanda ====================================================== 1.

YUVRAJ KUMAR S/O SUDAMA SINGH R/O VILLAGE- BELDARI BIGHA, P.S.- NALANDA, DISTRICT- NALANDA 2.

SAURABH KUMAR S/O SUDAMA SINGH R/O VILLAGE- BELDARI BIGHA, P.S.- NALANDA, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh For the Informant Mr. Rabindra Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 149, 342, 379, 307, 325 of the Indian Penal and later on Section 302 IPC was added. As per allegation in the FIR, while the brother of the informant was going to market, 2-3 unknown persons on pistol point took him away by motorcycle. They brutally assaulted him with intention to kill him as a result of which fracture on his leg and several holes in his body. He was taken to hospitals and during treatment he died.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.56070 of 2022(4) dt.04-02-2023 2/2 that petitioners have been falsely implicated in this case. There is no eye witness of the occurrence. Merely on the basis of suspicion, name of the petitioners were dragged in the present case. Three co-accused persons have been granted regular bail by the learned lower court. General and omnibus allegation has been levelled against the petitioner. Petitioners are languishing in judicial custody since 6.4.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 52 of 2022.

(Sunil Kumar Panwar, J) sushma/- U