Sharvan Kumar Yadav @ Sharvan Yadav @ Diese Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78331 of 2023 Arising Out of PS. Case No.-58 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== SHARVAN KUMAR YADAV @ SHARVAN YADAV @ DIESE YADAV S/O BHOLA YADAV R/O VILL-KAKARDOBH (DANGRAHA), PSLAUKAHI, DISTRICT-MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 sections 147, 148, 149, 341, 323, 379, 307, 302, 427 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the petitioner along with some unknown persons came at the house of the informant and started damaging household articles. On protest by the husband of the informant, co-accused Bindeshwar Mandal opened fire upon him in his abdomen due to which he sustained injury and died during treatment.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.78331 of 2023(2) dt.07-12-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. General and omnibus allegation leveled against the petitioner. The specific over-act of firing is attributed to co-accused Dr. Bindeshwar Mandal and Krishna Kumar Mandol who have already been granted bail by a different co-ordinate Bench of this Court. Moreover, the petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 12.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Andramath P.S. Case No. 58 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Jhanjharpur, Madhubani.

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