Sunil Yadav @ Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67454 of 2024 Arising Out of PS. Case No.-132 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Sunil Yadav @ Surendra Yadav S/o Ram Kishun Yadav R/o vill - Jhajha, P.S. - Kusheshwar Sthan, Distt. - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rahul Kumar, Advocate For the State :
Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsels for the parties.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 385 and 34 of the Indian Penal Code.
3. As per prosecution case, this petitioner, in connivance with other accused persons, committed murder of husband of informant by fire arm.
4. It is submitted by learned counsel for the petitioner that specific accusation of causing fire arm injury is against coaccused Siyaram Yadav, Ramchandra Poddar, Shambhu Yadav, Baiju Yadav, Nitish Yadav and Manoj Paswan. So far as this petitioner is concerned, there are general and omnibus allegations. There is no specific accusation of overt act against
Patna High Court CR. MISC. No.67454 of 2024(2) dt.19-12-2024 2/2 this petitioner. Petitioner has got no criminal antecedents and he is in custody since 09.06.2024. Moreover, charge-sheet has already been submitted.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation that he, along with other accused persons, committed murder of husband of informant.
6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned S.D.J.M., Beraul (Darbhanga), in connection with Kusheshwar Sthan P.S. Case No. 132 of 2022. (Prabhat Kumar Singh, J) shashank/- U T