Patna High CourtCR. MISC./75442/2023allowed

Balak Yadav @ Ram Balak Yadav v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75442 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== BALAK YADAV @ RAM BALAK YADAV son of Late Mouji Yadav Village- Pathlapur Ps- Sheikhpura Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, while informant with his sister and brother(deceased) were on way by motorcycle, in the meantime, accused Nandan Yadav shot his brother in his hand, Awadhesh Yadav shot in his face and Sonu Yadav shot his chest. It is further alleged that all accused persons surrounded till his brother, namely, Fudan died.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of opening fire is against, accused Sonu Yadav,

Patna High Court CR. MISC. No.75442 of 2023(2) dt.29-11-2023 2/2 Awadhesh Yadav and Nandan Yadav. General and omnibus allegation has been levelled against the petitioner. Co-accused Dharmendra Yadav has already been enlarged on bail by this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 55985 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 18.08.2023.

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, 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 CJM, Sheikhpura in connection with Sheikhpura PS Case No. 192 of 2023.

(Sunil Kumar Panwar, J) sushma/- U