Saryu Yadav @ Saryug Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71038 of 2023 Arising Out of PS. Case No.-28 Year-2017 Thana- PIRPAINTI District- Bhagalpur ====================================================== Saryu Yadav @ Saryug Yadav S/O Late Buddhu Yadav R/O Madhuban Diyara, P.S- Bakharpur (O.P), Pirpainti, Distt.- 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. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Pirpainti P.S. Case No. 28 of 2017 for the offences registered under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution case, cousin brother of the informant was shot dead by the petitioner and other co-accused persons while he was returning from maize field.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. Informant and petitioner are co-villagers. Petitioner has no criminal antecedent. He is in custody since 26.07.2023. Charge-sheet has already been submitted in this case. It is further submitted that similarly

Patna High Court CR. MISC. No.71038 of 2023(3) dt.31-01-2024 2/2 situated co-accused, namely Teju Yadav @ Tej Narayan Yadav has already been granted bail by a Co-ordinate Bench of this Court, vide order dated 07.11.2023 passed in Cr. Misc. No. 71050 of 2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Pirpainti P.S. Case No. 28 of 2017, subject to following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) rakhi/- U T