Ashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78932 of 2023 Arising Out of PS. Case No.-338 Year-2023 Thana- RANIGANJ District- Araria ====================================================== ASHISH YADAV S/O YOGANAND YADAV @ YAGANAND YADAV R/O VILLAGE- BELSARA, WARD NO. 1, P.S- RANIGANJ, DISTT.- ARARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Jharkhandi Upadhyay ====================================================== 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 section 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the allegation against the accused persons is that they armed with various weapons came at the house of the informant and started knocking door and when the informant's son opened the door in the meantime coaccused namely Madhav Yadav @ Lat Sahab fired upon his son due to which he sustained gunshot injury and died on the spot.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.78932 of 2023(2) dt.07-12-2023 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner was merely a member of mob due to which he has falsely been implicated in this present case. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 Raniganj P.S. Case No. 338 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM-Araria.

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