Aman Yadav @ Bhawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2906 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== Aman Yadav @ Bhawan Yadav, Son of Late Bahuru Yadav Resident of Village - Lohana, P.S.- Bhairab Asthan, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in connection with Pandaul P.S. Case No.176 of 2019, registered for the offence punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story in brief is that co-accused, Ashok Kamat, came on motorcycle and surrounded the informant and one of the pillion rider, Sushil Sah, fired upon the informant which hit in his stomach. It has further been alleged that both the accused persons fled away from the place of occurrence. Mr. Gagan Deo Yadav, learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR and he has falsely been implicated in this case inasmuch as in his restatement, the informant has said that the petitioner was also there at the place of occurrence on another motorcycle and he was

Patna High Court CR. MISC. No.2906 of 2020(3) dt.20-03-2020 2/2 accomplice of the co-accused person. Learned counsel further submits that the co-accused, Ashok Kamat, who was driving the motorcycle has been granted bail by this Court vide order dated 04.11.2019 passed in Cr. Misc. No.65069 of 2019. Learned counsel for the petitioner further submits that the petitioner is in custody since 05.11.2019.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioner is not named in the FIR and his name came subsequently during the re-statement of the informant and no overt act has been alleged against the petitioner and the petitioner is in custody since 05.11.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S. Case No.176 of 2019. (Anil Kumar Sinha, J) sanjeev/- U T