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Patna High CourtCR. MISC./6536/2023allowed

Naresh Yadav @ Naresh Prasad v. The State Of Bihar

2023-04-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6536 of 2023 Arising Out of PS. Case No.-670 Year-2021 Thana- MASAUDHI District- Patna ====================================================== Naresh Yadav @ Naresh Prasad Son Of Late Arjun Prasad R/O VillageNadaul Mathpar, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner along with other accused persons are said to have fired upon the informant as a result of which he received injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is specific allegation against coaccused Gaurav Kumar who fired upon the informant. He submits that there is no specific overt act against the petitioner. He submits that during investigation, the witnesses have said that the petitioner was simply present at the place of occurrence.

Patna High Court CR. MISC. No.6536 of 2023(2) dt.11-04-2023 2/2 He further submits that petitioner has criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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/successor court in connection with Masaurhi P.S. Case No. 670 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T