Saroj Kumar @ Saraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77258 of 2023 Arising Out of PS. Case No.-45 Year-2021 Thana- PIPRA District- Supaul ====================================================== Saroj Kumar @ Saraj Yadav Son Of Mahanand Yadav Resident Of VillageBhoraha, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Thakur For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== 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 registered for the offence punishable under section 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the informant alleged that four miscreants boarded on two motorcycles came and dashed his vehicle and started firing upon him due to which he sustained injury on his head. It is further alleged that they on gun point also looted cash Rs. 1,50,000/- from the informant and other persons and fled away.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR

Patna High Court CR. MISC. No.77258 of 2023(2) dt.05-12-2023 2/2 and he has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. There is no specific allegation levelled against the petitioner and he has not been put on TIP. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 06.09.2022 passed in Cr. Misc No. 14346 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 15.04.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 45 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul.

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