Sanskrit Kumar @ Sanskrit Yadav @ Sankrit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86327 of 2023 Arising Out of PS. Case No.-625 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Sanskrit Kumar @ Sanskrit Yadav @ Sankrit Yadav Son of Kapildev Yadav R/o vill - Latra, P.S. - Gopalpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

As per the prosecution case, co-accused persons namely, Rajesh Yadav, Brajesh Yadav and Sumit Yadav fired upon the informant's brother due to which he succumbed to injuries. Allegation against the petitioner is that he was also involved in hatching conspiracy to kill the informant's brother.

Patna High Court CR. MISC. No.86327 of 2023(2) dt.23-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the specific allegation of shot fire upon the informant's brother is levelled against co-accused persons, namely, Rajesh Yadav, Brajesh Yadav and Sumit Yadav. The name of petitioner sprang up in this case on the confessional statement of co-accused Satyam Kumar @ Satyam Yadav. Petitioner is languishing in judicial custody since 12.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, co-accused Sumit Yadav @ Bichhu Yadav has been granted bail vide order dated 12.09.2023, passed in Cr. Misc. No. 51561 of 2023 by co-ordinate Bench of this Court.

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

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.86327 of 2023(2) dt.23-01-2024 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gopalpur (Rangra ) P.S. Case No. 625 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Naugachia, Bhagalpur.

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