Patna High CourtCR. MISC./77779/2023allowed

Yashdew Yadav @ Yasdev Yadav v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 77779 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- BUXAR MUFFSIL District- Buxar ====================================================== YASHDEW YADAV @ YASDEV YADAV Son of Late Khuti Yadav @ Late Khuti Singh Yadav Resident of Village - Lalganj, Police Station - Buxar (Muffasil) in the district of Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. The allegation against the petitioner along with others is of killing the younger brother of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. During investigation, on the basis of suspicion, the name of the petitioner has come into light. There is no specific overt act against the petitioner of firing rather the

Patna High Court CR. MISC. No. 77779 of 2023(2) dt.05-12-2023 2/2 specific allegation against co-accused Sangram Yadav, Halchal Yadav and Bateshwar Yadav. He is languishing in judicial custody since 28.04.2022.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Additional District and Sessions Judge-IV, Buxar in connection with Buxar Muffasil P.S. Case No. 153 of 2022.

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