Sonu Yadav @ Dilkhush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61048 of 2023 Arising Out of PS. Case No.-555 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== SONU YADAV @ DILKHUSH YADAV son of Late Gode Yadav VillageKarari Jintanga Ps- Gopalpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 216, 216A, 225, 353, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on a secret information that the co-accused Sita Devi and her husband has given protection to the petitioner, who is wanted in several heinous cases of murder and robbery, thereafter the informant has raided

Patna High Court CR. MISC. No.61048 of 2023(2) dt.15-09-2023 2/3 at the house of co-accused Sita Devi and arrested her. It is further alleged that the petitioner had fired upon the police team.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended from the house of co-accused. The name of the petitioner has come into light, on the basis of disclosure by local public, which has got no evidentiary value in the eyes of law. Nothing incriminating article has been recovered from the conscious possession of the petitioner. There is not a single independent witness of the occurrence to support the prosecution case. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 17.05.2023 passed in Cr. Misc. No. 17613 of 2023. He is languishing in judicial custody since 15.07.2023.

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

Patna High Court CR. MISC. No.61048 of 2023(2) dt.15-09-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Gopalpur P.S. Case No. 555 of 2022.

(Sunil Kumar Panwar, J) arish/- U