Saroj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76293 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Saroj Yadav Son Of Nirmali Yadav R/O Vill - Teus, P.S. - Jairampur, Distt. - Sheikhpura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 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 302/34 of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that informant's brother, namely, Yogendra Yadav was invited by the petitioner in birthday party, where co-accused Dular Chand Yadav and Mukesh Tanti were firing (Harsh Firing). During this course, informant's brother sustained gun shot injuries fired by co-accsued Dular Chand Yadav

Patna High Court CR. MISC. No.76293 of 2023(3) dt.27-02-2024 2/3 and succumbed due to the same.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is evident from the F.I.R. that neither the petitioner is not involved in Harsh Firing not he is assailant. The specific allegation of firing due to which informant's brother succumbed to injuries is levelled upon co-accused Dular chand Yadav. Moreover, the petitioner is languishing in judicial custody since 03.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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 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 in connection with Jairampur P.S. Case No. 64 of

Patna High Court CR. MISC. No.76293 of 2023(3) dt.27-02-2024 3/3 2023 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 Judicial Magistrate 1st Class, Sheikhpura.

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