Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62214 of 2023 Arising Out of PS. Case No.-152 Year-2020 Thana- SHANKARPUR District- Madhepura ====================================================== PRAMOD YADAV son of Satyanarayan Yadav Village- Raybhir PsShankarpur Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar 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.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, petitioner and other coaccused committed murder of informant's father by opening indiscriminate firing.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. Petitioner is the father of co-accused Guddu Yadav and because of that he has been made accused in this case. His name appears in this case in the confessional statement of co-accused Nitish

Patna High Court CR. MISC. No.62214 of 2023(2) dt.15-09-2023 2/2 Kumar, which has no evidentiary value in the eye of law. There is no eye witness of the present occurrence. No specific allegation has been levelled against the petitioner. Nothing has been recovered from his conscious possession. Similarly other co-accused person have already been granted bail by this Bench vide order dated 19.01.2023 passed in Cr. Misc. No. 48118 of 2022. Petitioner is languishing in judicial custody since 18.03.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 ACJM1, Madhepura in connection with Shankarpur P.S. Case No. 152 of 2020.

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