Jai Narayan Yadav @ Jagan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84196 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Jai Narayan Yadav @ Jagan Yadav S/O Late Ram Pravesh Yadav R/O VillageKalayanpur, P.S- Bihia, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 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 302, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the accused persons including this petitioner is that they came at the house of the informant and due to previous dispute, they started assaulting the informant's uncle. It is further alleged that the informant got information from the villagers that his uncle has been killed by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. The

Patna High Court CR. MISC. No.84196 of 2023(2) dt.05-01-2024 2/2 informant is not the eye witness of the allege occurrence and also no any specific allegation has been levelled against the petitioner rather general and omnibus allegation against all of them including this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide Annexure-P-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 29.09.2023.

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udwantnagar P.S. Case No. 16 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 Chief Judicial Magistrate, Bhojpur, Ara. (Sunil Kumar Panwar, J) Shubham/- U T