Patna High Court - Orders
Manoj Yadav vs The State Of Bihar on 23 February, 2023
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3987 of 2022
Arising Out of PS. Case No.-461 Year-2022 Thana- AMARPUR District- Banka
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MANOJ YADAV Son of Brahmdeo Yadav R/V- Navtoliya, P.S- Amarpur,
Dist- Banka
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Praveen Kumar
For the Respondent/s : Mr.Usha Kumari 1
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3 23-02-2023Though notice has been issued to O.P. No. 2, no one has turned to assist the Court.
Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.
The instant appeal has been filed by the appellant against the order dated 13.10.2022 passed by learned Additional Sessions Judge-I, Banka in BP No. 3048 of 2022 whereby the prayer for bail of the appellant in connection with Amarpur P.S. Case no. 461 of 2022 under Sections 147, 148, 149, 341, 342, 323, 302 and 504 of the Indian Penal Code, Section 27 of the Arms Act and sections 3(1)(r)(ss), 3(2)(v) of SC/ST Act was rejected.
As per allegation in the FIR, several accused persons surrounded the informant's son and on the order of Bishnudeo Patna High Court CR. APP (SJ) No.3987 of 2022(3) dt.23-02-2023 2/3 Yadav, accused Pintu Yadav opened fire. Accused Pankaj Yadav, Shankar yadav and Nirdosh yadav also opened fire. It is further alleged that petitioner and other accused persons tossed him on floor and started brick batting upon the informant's son with a view to kill him and ultimately he died.
It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. No specific allegation of opening fire is not against the appellant rather against the appellant, general and omnibus allegation is levelled against the appellant. No offence is made out under the provisions of the SC/ST Act against them. Appellant is languishing in judicial custody since 20.08.2022.
The appeal for bail is opposed by learned Spl. P.P. for the State and submitted that as per postmortem report doctor has opined cause of death due to excessive bleeding due to gun shot injury.
Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 13.10.2022 passed in B.P. No. 3048 of 2022 is hereby set aside.
Patna High Court CR. APP (SJ) No.3987 of 2022(3) dt.23-02-2023 3/3 The appellant is directed to be enlarged on bail in connection with Amarpur P.S. Case No. 461 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka.
(Sunil Kumar Panwar, J) sushma/-
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