Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10813 of 2023 Arising Out of PS. Case No.-133 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== GUDDU YADAV Son of Karu Yadav R/v- Mhuliya, P.S.- Chanan, DistrictLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 307, 353, 121, 121(A), 124 of the Indian Penal Code and Sections 25(1-B)A, 26, 27, 35 of Arms Act and Sections 16, 17, 18, 20, 21, 23 of the Unlawful Activities Act. As per FIR, when the police official got information that the some naxals were assembled for committing offence, they reached at the place of occurrence but the accused persons started creating the hindrance in discharging the official duty of the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.10813 of 2023(2) dt.04-05-2023 2/2 petitioner is not named in FIR rather he has falsely been made an accused in the present case on the basis of suspicion. Neither the petitioner was arrested on spot nor any material has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 28.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piri Bazar P.S. Case No. 133 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai. (Sunil Kumar Panwar, J) Amandeep/- U T