Upendra Prasad @ Upendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85238 of 2023 Arising Out of PS. Case No.-534 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== 1.

Upendra Prasad @ Upendra Prasad Yadav Sn Of Munarik Yadav Resident Of Village- Arhit, Police Station- Ghoshi, District- Jehanabad 2.

Sujit Yadav @ Sujit Kumar Son Of Upendra Prasad Resident Of VillageArhit, Police Station- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under sections 448, 341, 323, 307, 337, 338, 504, 506/34 of the Indian Penal Code and section 27of the Arms Act.

3. As per allegation in the FIR, petitioners and other accused persons have assaulted the informant and his family by means of pelting stones and firing. Due to firing Rajendra Yadav received gun shot injury on this thigh and informant received injury in his shoulder by brick batting.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.85238 of 2023(2) dt.09-01-2024 2/2 petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. Injuries were caused on thigh of Rajendra Yadav and on shoulder of the informant, are not the vital organs. No specific allegation of firing is against the petitioners. General and omnibus allegation has been levelled against the petitioner. Both the petitioners are languishing in judicial custody since 22.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Ghoshi (Okari) P.S. Case No. 534 of 2023.

(Sunil Kumar Panwar, J) sushma/- U