Sarbir Yadav @ Sarbind Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70025 of 2021 Arising Out of PS. Case No.-94 Year-2020 Thana- SALAKHUA District- Saharsa ====================================================== Sarbir Yadav @ Sarbind Yadav Son of Kailash Yadav Resident of VillageAlouli, P.S.- Alouli, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nandsingh For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned senior counsel for the petitioner and the State.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other allied Sections of the Indian Penal Code and u/s 25(1-b)a, 26, 27, 35 of Arms Act.
As per the prosecution case, petitioner caused gun shot injury in the mouth of the husband of the informant. It is submitted that that petitioner is innocent and has falsely been implicated in the case. It is next submitted that as per FIR, it is specific case of the informant that petitioner caused fire arms injury in the mouth of deceased but the post mortem negates the allegation as the doctor did not find any injury in the mouth of the deceased.Petitioner is in custody since
Patna High Court CR. MISC. No.70025 of 2021(3) dt.25-04-2022 2/2 8.6.2020. Investigation is complete. Similarly situated coaccused has already been allowed bail by this Court vide order dated 11.4.2022, passed in Cr.Misc.No. 44467/2021. Learned counsel appearing for the State opposed the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Saharsa in connection with Salkhua PS case No.94/2020. (Prabhat Kumar Singh, J) Shashi U T