Patna High CourtCR. MISC./72135/2023allowed

Dipu Yadav v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72135 of 2023 Arising Out of PS. Case No.-250 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== DIPU YADAV Son of Shambhu Nath Yadav @ Shambhu Chaudhry Village - Hembardaha, P.S.- Kuchaikot, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 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 sections341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the petitioner along with several other accused persons surrounded the informant and his nephew and on order of Ranjan Yadav, this petitioner fired 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. Both the parties are agnates and there is a land dispute between them due

Patna High Court CR. MISC. No.72135 of 2023(2) dt.08-11-2023 2/2 to which the petitioner has falsely been implicated in this case. From perusal of FIR, there is no specific overt-act against this petitioner rather the firing was made by co-accused Pintu Yadav. The petitioner is only member of mob. It is further submitted that the petitioner is languishing in judicial custody since 25.7.2023.

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 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 Gopalganj P.S. Case No. 250 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, Gopalganj. (Sunil Kumar Panwar, J) Amandeep/- U T