Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68903 of 2023 Arising Out of PS. Case No.-185 Year-2020 Thana- MOKAMAH District- Patna ====================================================== 1.

Umesh Yadav Son Of Late Ramjee Yadav R/O Vill - Kanhaipur, Gahil Sthan, P.S. - Mokama, Distt.- Patna 2.

Sanjay Yadav Son Of Bharat Yadav R/O Vill - Bampur, P.S. - Pandarak, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Mokama P.S. Case No. 185 of 2020 registered under sections 147, 148, 149, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the several co-accused persons along with this petitioners is that they indiscriminately fired upon the son of the informant due to which he died. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to previous enmity

Patna High Court CR. MISC. No.68903 of 2023(2) dt.03-11-2023 2/2 between the parties. No any specific overt act of firing against the petitioners rather the allegation of firing upon the deceased is against other co-accused persons. Moreover, the petitioners are languishing in judicial custody since 11.07.2023 and 28.06.2023 respectively.

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 this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Mokama P.S. Case No. 185 of 2020 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-3, Barh, Patna.

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