Anshu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74082 of 2022 Arising Out of PS. Case No.-282 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Anshu Yadav S/O Late Lallu Prasad Yadav R/O Mohalla- Morcha Road, Naharper, P.S.- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 307, 120(B) and 34 of the IPC and Section 27 of Arms Act. As per allegation in the F.I.R., brother of the informant forbade the informant to going out as three miscreants ambushed in a nearby parked tempo, who suddenly fired upon him but the informant narrowly escaped and did not hit anyone. It is further alleged that after chase, one of the miscreants, namely, Shubham Kumar was apprehended while two of them managed to escape.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.74082 of 2022(2) dt.22-03-2023 2/2 falsely been implicated in this case. It is further submitted that the specific allegation of firing is against co-accused, namely, Shubham Kumar not against this petitioner. Except the disclosure made by the co-accused Shubham Kumar before the police, nothing cogent material came against the petitioner to implicate in this case. He is languishing in judicial custody since 02.09.2022.

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

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chowk P.S. Case No. 282 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 S.D.J.M., Patna City.

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