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Patna High CourtCR. MISC./72037/2023allowed

Prince Yadav v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72037 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Prince Yadav S/O Sandeep Kumar R/O Village- Dhadhi, P.S- Beldour, Distt.- Khagaria.

2.

Madhukar Yadav S/O Bibhuti Kumar @ Bibhuti Yadav R/O VillageEkaniya, P.S- Mansi, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 397, 427/34 of the Indian Penal Code and Section 27 of Arms Act.

3. The prosecution case in nutshell is that some miscreants fired upon the informant's brother due to which he succumbed to firearm injuries.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.72037 of 2023(2) dt.08-11-2023 2/3 petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Neither the petitioners are named in F.I.R. nor anything incriminating has been recovered from their conscious possession. They have not been put on T.I.P. The name of petitioners sprang up in this case on the confessional statement of coaccused Pampam Yadav. Moreover, the petitioners are languishing in judicial custody since 05.06.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Maheshkhut P.S. Case No.

Patna High Court CR. MISC. No.72037 of 2023(2) dt.08-11-2023 3/3 112 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Khagaria.

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