Daroga Yadav @ Daroga Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65889 of 2023 Arising Out of PS. Case No.-196 Year-2021 Thana- KOTWA District- East Champaran ====================================================== Daroga Yadav @ Daroga Kumar Yadav Son Of Deoki Rai @ Deoki Yadav Resident Of Village - Fatuha, P.S. - Kotwa, District - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 324, 323, 325, 326, 341, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, allegation against the petitioner is of opening fire upon the informant due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case by the informant to save his skin and pressurize the petitioner to withdraw Kotwa P.S. Case No. 323 of 2020 filed by the petitioner against the informant for

Patna High Court CR. MISC. No.65889 of 2023(4) dt.29-01-2024 2/2 murder of his uncle. During course of investigation, no any witnesses have supported the allegation of firing against petitioner. As per injury report which is at para 39 of the case, diary, it appears the injured sustained one lacerated wound. The alleged injury is not on the vital part. It is further submitted that the petitioner is languishing in judicial custody since 7.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kotwa P.S. Case No. 196 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran.

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