Adalat Rai @ Adalat Yadav @ Dalo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16773 of 2021 Arising Out of PS. Case No.-94 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Adalat Rai @ Adalat Yadav @ Dalo Yadav Son Of Late Durga Yadav Resident Of Village - Madhopur, P.S.- Bakhtiyarpur, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2021 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 Bakhtiyarpur P.S. Case No. 94 of 2020 registered for the offence punishable under Sections 147, 148, 149, 326, 307, 120 (B) of the of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the allegation against the petitioner is that he with other co-accused persons armed with pistol fired upon the brother of the informant as a result of which informant's brother sustained fire arm injury in his neck and fell down.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.16773 of 2021(2) dt.19-07-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. No incriminating article has been recovered from his conscious physical possession. He submits that during the entire course of investigation only interested and partisan witnesses have been examined and their statements are full of contradictions. He further submits that similarly situated co-accused persons Suraj Ray @ Suraj Yadav and Karu Ray @ Karu Yadave have been granted bail vide order dated 23.11.2020, passed in Cr. Misc. No. 30853 of 2020 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 no criminal antecedent and has been languishing in custody since 20.06.2020.

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 with Bakhtiyarpur P.S. Case No. 94 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T