Patna High CourtCR. MISC./75715/2023allowed

Ashok Yadav v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75715 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== ASHOK YADAV Son of Late Jay Narayan Yadav R/o vill - Haripur, Kala, ward no. 7, P.s. - Murliganj, Distt. - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, this petitioner along with 22-23 other accused persons came to the house of the informant and shot dead his father.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is not an eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. Petitioner was only the member of mob. During investigation, no consistent material has come against the

Patna High Court CR. MISC. No.75715 of 2023(3) dt.30-11-2023 2/2 petitioner to show his involvement in the present case. General and omnibus allegation has been levelled against the petitioner. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 12.9.2023 passed in Cr. Misc. No.59971 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 11.7.2023.

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

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Madhepura in connection with Murliganj P.S. Case No. 4 of 2023.

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