Patna High CourtCR. MISC./64474/2023bail granted

Arvind Yadav v. The State Of Bihar

2023-10-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64474 of 2023 Arising Out of PS. Case No.-222 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== ARVIND YADAV S/o- SRI RADHE YADAV Village- Bajraha Diyara PsDhamdaha Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 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, 447, 341, 323, 324, 307, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution, it is a case of commission of murder of the cousin brother of the informant PappuYadav.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case because he happens to be the son of the owner of the alleged field. Learned counsel for the petitioner further submits that there is no eye-witness to the occurrence and there is also no specific allegation of assault of firing against this petitioner. Similarly situated co-accused

Patna High Court CR. MISC. No.64474 of 2023(2) dt.11-10-2023 2/2 namely Subodh Yadav and Yogesh Yadav have been granted bail vide Cr. Misc. No. 85877/2019 and Cr. Misc. No. 64357/2021. The petitioner is languishing in judicial custody since 12.06.2023.

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, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhamdaha P.S. Case No. 222 of 2019, 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., Purnea. (Sandeep Kumar, J) Saif/- U T