Kako Yadav @ Kapildev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71274 of 2022 Arising Out of PS. Case No.-287 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Kako Yadav @ Kapildev Yadav Son Of Late Shaligram Yadav Resident Of Village- Tilakpur, P.S.- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Mohan Das For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 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 a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 385, 386, 387, 504, 506, 307 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that petitioner along with other co-accused persons came at the door of informant and demanded extortion money as Rs. 25,000/- per month. When the informant objected then accused persons assaulted the informant and his

Patna High Court CR. MISC. No.71274 of 2022(2) dt.28-02-2023 2/3 father. It is also alleged that on the order of co-accused Fatak Yadav co-accused Ritesh Kumar @ Kare Yadav fired upon the father of informant due to which he sustained injury over his right waist.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are agnates and they have litigating terms. There is no specific allegation against the petitioner. The allegation levelled against the petitioner is general and omnibus. The specific allegation of firing upon the father of informant is attributed against co-accused Ritesh Yadav @ Kare Yadav. The injury sustained by the father of informant is simple in nature. Moreover, petitioner is languishing in judicial custody since 20.8.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.71274 of 2022(2) dt.28-02-2023 3/3 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 in connection with Sultanganj P.S. Case No. 287 of 2022 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 A.C.J.M., 1st, Bhagalpur. (Sunil Kumar Panwar, J) nirajkrs/- U T