Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5578 of 2024 Arising Out of PS. Case No.-175 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Mohan Yadav S/O- Late Shankar Yadav R/O- Village- Sonbarsha, P.S.- Chautham, Dist.- Khagaria.

2.

Bhola Singh Yadav @ Bhola Singh @ Mulayam Singh S/O- Sikendra Yadav R/O- Village- Sonbarsha, P.S.- Chautham, Dist.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Surendra Mohan For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 307, 504 of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that while the informant was cultivating his filed, in the meantime, petitioners along with other co-accused persons, variously armed, came there and started indiscriminate

Patna High Court CR. MISC. No.5578 of 2024(2) dt.09-02-2024 2/3 firing due to which informant sustained fire arm injuries. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case due to land dispute. There is general and omnibus allegation against the petitioner and no specific allegation of firing is levelled upon the petitioners. The injury sustained by the informant is simple in nature and caused by hard and blunt substance. Similarly situated several co-accused persons have been granted bail by this Court and co-ordinate bench of this Court. Moreover, the petitioners are languishing in judicial custody since 02.10.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail.

Patna High Court CR. MISC. No.5578 of 2024(2) dt.09-02-2024 3/3 The above named petitioners are directed to be enlarged on bail in connection with Chautham P.S. Case No. 175 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria. (Sunil Kumar Panwar, J) Nirajkrs/- U T