Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74832 of 2022 Arising Out of PS. Case No.-232 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== KAMLESH YADAV S/O BHUNESWAR YADAV Resident of villageBenipur, P.S.- Rupo (O.P.), District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, when the informant, his son and his family members sitting at the door then all accused person named in the FIR, came co-accused Ravindra Yadav and Ramasish Yadav started firing on the informant's son due to which he sustained injury in his hand. Co-accused Dharmendra Yadav and Chando Yadav fired upon the informant's cousin namely, Dalpati Yadav. The other co-accused firing wit rifle guns in their respective hands.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.74832 of 2022(3) dt.18-05-2023 2/2 that petitioner has been falsely implicated in this case. He has committed no offence. There is no specific allegation of firing against the petitioner rather the specific allegation of firing is against co-accused persons, who fired upon the informant's side due to which the informant's side sustained injuries. There is no specific overt act against the petitioner of firing. He is languishing in judicial custody since 23.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Chief Judicial Magistrate, Nawada in connection with Kauwakol P.S. Case No. 232 of 2018.

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