Sonu @ Sona Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67172 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- JAMUI District- Jamui ====================================================== Sonu @ Sona Yadav Son Of Doman Yadav R/O Village- Bodhwan Talab, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Jamui P.S. Case No. 330 of 2021 registered under sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, it is alleged that nine named accused persons including this petitioner and 10-15 unknown persons variously armed surrounded the son of the informant and brutally assaulted. It is further alleged that co-accused TunTun Yadav@ Tiger and all other accused persons started indiscriminate firing due to which his son succumbed to injury, thereafter they fled away from the place of occurrence. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.67172 of 2022(2) dt.21-03-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the specific allegation is against co-accused Tuntun Yadav who fired upon the informant's son. There is general and omnibus allegation against the petitioner. The informant is not the eyewitness of the alleged occurrence. It is further submitted that the police has prepared inquest report and found only one injury. Further the postmortem of the deceased was also conducted, but the same also does not corroborate with the prosecution case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 10.08.2022. Similarly situated several co-accused persons have already been granted bail by the different co-ordinate Bench of this Court which are annexed as Annexure-2 series of this petition.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jamui P.S.

Patna High Court CR. MISC. No.67172 of 2022(2) dt.21-03-2023 3/3 Case No. 330 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui. (Sunil Kumar Panwar, J) shubham/- U T