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Patna High CourtCR. MISC./7467/2023allowed

Raja Yadav v. The State Of Bihar

2023-05-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7467 of 2023 Arising Out of PS. Case No.-27 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Raja Yadav Son Of Budhan Yadav @ Harinandan Yadav R/V- Shyam, Ward No. 10, P.S.- Gwalpara, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 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 sections 147, 148, 149, 224, 225, 341, 323, 307, 353, 504, 506 of the IPC and Section 27 of Arms Act.

It is alleged that on secret information, police conducted raid and apprehended the petitioner along with co-accused persons. It is further alleged that having come to know about the aforesaid facts of arrest, the other FIR named accused persons and one hundred unknown persons armed with deadly weapons arrived and made firing over

Patna High Court CR. MISC. No.7467 of 2023(3) dt.02-05-2023 2/3 the police party and got released the criminals, including the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no specific allegation of firing leveled against the petitioner rather general and omnibus allegation leveled against him. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vider order dated 26.04.2023 passed in Cr. Misc No. 1633 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 20.08.2022.

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 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 Gwalpura P.S. Case No. 27 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.7467 of 2023(3) dt.02-05-2023 3/3 satisfaction of learned Additional Sessions Judge-VIII, Madhepura, District Madhepura.

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