Amar Yadav @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1972 of 2025 Arising Out of PS. Case No.-359 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Amar Yadav @ Amar Kumar Son of Dinesh Yadav Resident of Village - Chakkodih, P.S. - Banka, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2025 Heard the learned senior counsel for the petitioner as well as the learned APP for the State.

2. This is the 2nd attempt on behalf of the petitioner for regular bail in connection with Majahidpur (Babarganj) P.S. Case No. 359 of 2022 registered for the offences punishable under Sections 341, 307, 302, 120B, 34 of the IPC and under Section 27 of the Arms Act.

3. Initially this court had dismissed the application for bail of the petitioner vide Cr. Misc. No. 2727 of 2024 on 24.01.2024 as it was argued by the State that petitioner is one of the assailant of the deceased.

4. Mr. Praveen Kumar, learned counsel for the petitioner has taken this court to the further statement of the informant in which it has come that it is the co-accused Ajit

Patna High Court CR. MISC. No.1972 of 2025(3) dt.05-03-2025 2/3 Kumar @ Karku who has shot at the deceased in his chest and subsequently all the accused persons had fired.

5. It is further submitted that the petitioner is in jail since 30.09.2023 and the charge has been framed on 20.09.2024 and no witness has been examined till date.

6. The learned APP for the State has opposed the prayer for bail.

7. Considering the fact that the petitioner is in custody since 30.09.2023 and the prosecution is not examining any witness, this application is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-8th, Bhagalpur/concerned Court below in connection with Mojahidpur (Babarganj) P.S. Case No. 359 of 2022 subject to condition that:- (i).

The petitioner will mark his attendance at the Banka Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his

Patna High Court CR. MISC. No.1972 of 2025(3) dt.05-03-2025 3/3 lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U