Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3842 of 2023 Arising Out of PS. Case No.-49 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== ARUN YADAV Son of Late Janeshwari Yadav Resident of Village- Kusthan, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Yadav Mr.Sanjay Prasad For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2023 Heard learned counsel for the parties.

Earlier, the bail petition of petitioner was rejected, vide order dated 26.08.2021 passed in Cr.Misc. No. 31737 of 2021 (Annexure - 1).

It is submitted by learned counsel for the petitioner that during trial, out of six chargesheeted witnesses, 4 witness, including the informant, have already been examined. The informant, who claimed to be eye-witness of the occurrence, in her deposition, has not supported the prosecution case and has specifically stated that it was co-accused Subodh Yadav, who shot the deceased. Petitioner is in custody since 26.11.2020. Considering the deposition of the informant and period of custody, the prayer for bail of petitioner is allowed.

Patna High Court CR. MISC. No.3842 of 2023(2) dt.18-01-2023 2/2 Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VIII, Madhepura in connection with Bihariganj P.S. Case No. 49 of 2020, corresponding to S.T. No. 231 of 2021.

(Prabhat Kumar Singh, J) anay/- U T