Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77220 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== 1.

Pappu Yadav S/O Gajadhar Yadav Residents Of Village- Lattipur, PsBihpur, District- Bhagalpur 2.

Sakla @sakaldeo Yadav S/O Late Ramotar Yadav Residents Of VillageLattipur, Ps-Bihpur, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Sections 27, 25(1-B) a, 26, 35 of the Arms Act.

It is alleged that nephew of the informant was shot at by the accused persons. The informant apprehended one Chhabil Yadav who confessed the name of the petitioner.

Patna High Court CR. MISC. No.77220 of 2023(2) dt.05-12-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioners are not named in the F.I.R nor they were apprehended from the spot and their names subsequently sprang up on the basis of confessional statement of co-accused Chhabil Yadav which has got no evidentiary value in the eye of law. There is no eye witness to the occurrence. The petitioners have got no concern with the alleged occurrence. The petitioners are languishing in custody since 06.07.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.77220 of 2023(2) dt.05-12-2023 3/3 Chief Judicial Magistrate, 1st, Naugachia, Bhagalpur in connection with Kharik P.S. Case No. 289 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T