Mannu Yadav @ Abhimanyu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59913 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

Mannu Yadav @ Abhimanyu Kumar Yadav Son Of Arjun Yadav R/O Vill - Shankarpur Milki, P.S. - Muffasil, Distt. - Munger 2.

Shivam Kumar @ Kohwa S/o Mannu Yadav @ Abhimanyu Kumar Yadav R/o vill - Shankarpur Milki, P.S. - Muffasil, Distt. - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Anshuman For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners, informant and learned A.P.P appearing on behalf of the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 385, 324, 326, 307, 302, 504/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant along with his wife, sister-in-law and nephew was at his house, at that time, all the accused persons including Nakul Yadav, Bhisma Kumar @ Shamsher,

Patna High Court CR. MISC. No.59913 of 2023(3) dt.02-11-2023 2/3 Suraj Kumar @ Biru, mannu Yadav, Shivam Yadav, Sanjay and others including the petitioner came with deadly weapon and started abusing and tried to inter into the house. They told that 50 quintal of wheat was earlier demanded but not given yet. When the informant objected, Nakul Yadav ordered Bhisma Kumar @ Shamsher to shoot everyone upon which Bhisma Kumar made firing from his rifle which hit on the chest of Anubhav Kumar, who fell down and during the course of treatment, died. The nephew of the informant namely Chandan Yadav came for rescue and as soon as he came, Sanni Yadav made firing which hit upper portion of his neck.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The specific allegation of shot at the deceased and other is against Bhishma Kumar and Sanni Yadav. The petitioners are

Patna High Court CR. MISC. No.59913 of 2023(3) dt.02-11-2023 3/3 languishing in custody since 18.04.2023. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 21.09.2023 passed in Cr. Misc. No. 61684 of 2023. In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 132 of 2023.

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