Patna High Court - Orders
Byash Kumar Yadav vs The State Of Bihar on 24 August, 2023
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41621 of 2023
Arising Out of PS. Case No.-38 Year-2023 Thana- MANJHI District- Saran
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Byash Kumar Yadav Son Of Baliram Yadav Resident Of Village - Gopal
Nagar, P.S. - Reoti, District - Baliya (U.P.)
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 41889 of 2023
Arising Out of PS. Case No.-38 Year-2023 Thana- MANJHI District- Saran
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Bipul Yadav @ Bipul Kumar Yadav S/O Prabhunath Yadav R/O Village-
Gauri, Ps. Manjhi Dist. Saran
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 41621 of 2023)
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Madhuri Lata
(In CRIMINAL MISCELLANEOUS No. 41889 of 2023)
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3 24-08-2023Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioners seek regular bail in connection with Manjhi P.S. Case No. 38 of 2023 registered for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 307, 302, 427, 435 Indian Penal Code.
3. As per prosecution case, the petitioners along with Patna High Court CR. MISC. No.41621 of 2023(3) dt.24-08-2023 2/3 others are alleged to have commit murder of son and nephew of the informant by means of lathi, danda rod etc. The alleged incident occurred in the background of previous enmity.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to previous enmities. The informant is not eye witness of the alleged occurrence. Both the petitioners are not named in the FIR and no any consistent material has come against them to suggest their complicity in the alleged incident. According to statements of witnesses, the petitioners are said to be member of mob only but no any specific overt-act attributed to them. Both the petitioners have got no criminal antecedent. Moreover, similarly situated co-accused namely, Dinesh Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dt. 11.8.2023 passed in Cr. Misc. No. 46802 of 2023. It is further submitted that the petitioners are languishing in judicial custody for more than six months.
5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and Patna High Court CR. MISC. No.41621 of 2023(3) dt.24-08-2023 3/3 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 released on bail in connection with Manjhi P.S. Case No. 38 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chhapra.
(Sunil Kumar Panwar, J) Amandeep/-
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