Srilal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67844 of 2023 Arising Out of PS. Case No.-853 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Srilal Yadav Son Of Late Bahadur Yadav Village- Tartar Ps- Khagaria Muffasil Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 341, 323, 307, 379, 427 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the co-accused persons along with this petitioner is that they fired upon the informant which hit on the leg of the informant along with one other person. Further, they snatched ornaments of about Rs. 80,000/- and cash of Rs. 22,000/-.

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 due to land dispute. It is

Patna High Court CR. MISC. No.67844 of 2023(2) dt.01-11-2023 2/2 further submitted that there is no specific allegation of firing against the petitioner rather the specific allegation of firing due to which injured sustained injuries is against other co-accused persons who have already been granted bail by another coordinate Bench of this Court vide order dated 19.10.2023 in Cr. Misc. No. 68614 of 2023. The nature of the injuries of the injured is simple. Moreover, the petitioner is languishing in judicial custody since 27.06.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khagaria (Muffasil) P.S. Case No. 853 of 2022 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, Khagaria. (Sunil Kumar Panwar, J) Shubham/- U T