Sirpat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70955 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- DANDARI District- Begusarai ====================================================== Sirpat Yadav S/O Maghi Yadav R/O Village- Partarpur, P.S- Dandari, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 302 and 34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner along with other co-accused persons is that they killed the informant's brother by assaulting him with lathi, danda and bricks.

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 merely on suspicion. No any specific overt act has been attributed against the petitioner rather general and omnibus allegation has been levelled against all of

Patna High Court CR. MISC. No.70955 of 2023(3) dt.13-12-2023 2/2 them including this petitioner. Nothing consistent material has come against the petitioner only on the basis of suspicion, he has been dragged in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 31.05.2023.

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 Dandari P.S. Case No. 14 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai. (Sunil Kumar Panwar, J) Shubham/- U T