Patna High CourtCR. MISC./63407/2023bail granted

Brajesh Yadav @ Brajesh Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63407 of 2023 Arising Out of PS. Case No.-125 Year-2021 Thana- SHAHKUND District- Bhagalpur ====================================================== Brajesh Yadav @ Brajesh Kumar, S/o Shailendra Yadav, R/o Shahabad, PS. Sultanganj, Dist. Bhagalpur, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he along with his associates gunned down the son of the informant over the dispute of sale and purchase of the sand.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.10.2022. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on

Patna High Court CR. MISC. No.63407 of 2023(2) dt.10-10-2023 2/2 the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below/court concerned in connection with Shahkund P.S. Case No. 125 of 2021.

(Sudhir Singh, J) rohit/- U T