Patna High CourtCR. MISC./62272/2023allowed

Bhushan Yadav v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62272 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== BHUSHAN YADAV S/o- JAY KUMAR YADAV Village- Ratansar W.No-6, Ps- Chhatapur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of indiscriminate firing in the marriage ceremony due to which several persons sustained injury. It is further alleged that due to fire-arm injury, the wife of the informant 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. There is general and omnibus allegation against the petitioner rather the

Patna High Court CR. MISC. No.62272 of 2023(3) dt.18-12-2023 2/2 specific allegation of firing is against co-accused Rajiv Yadav and Chandra Shekhar Yadav. He submitted that there is no specific overt act against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 13.07.2023.

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 C.J.M., Araria in connection with Narpatganj P.S. Case No. 278 of 2022.

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