Pandav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11500 of 2021 Arising Out of PS. Case No.-251 Year-2019 Thana- GOGRI District- Khagaria ====================================================== Pandav Yadav S/O Late Avadh Yadav @ Late Abadhi Yadav R/O VillageBaraita, P.S-Gogri, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajit Kumar For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Gogri P.S. Case No. 251 of 2019 registered for the offence punishable under Sections 307/504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he along with other coaccused persons fired with gun shot and caught hold the informant while he was going for selling milk.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not

Patna High Court CR. MISC. No.11500 of 2021(2) dt.06-07-2021 2/2 committed any offence as alleged in the FIR. He submits that specific allegation of firing is against co-accused Gaurav Yadav, Rajkumar Yadav and Hera Kumar. No incriminating article has been recovered from his conscious physical possession and he has been implicated in this case due to village politics. He further submits that co-accused Ramesh Kumar Yadav has been granted bail vide order dated 24.06.2020 in Cr. Misc. No. 82948 of 2019 by a Co-ordinate Bench of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as has been mentioned in para 3 of this bail petition and has been languishing in custody since 03.09.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection Gogri P.S. Case No. 251 of 2019. (Anjani Kumar Sharan, J) GAURAV S.