Chottu Yadav @ Chottelal Yadav @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11743 of 2025 Arising Out of PS. Case No.-17 Year-2023 Thana- DELHA District- Gaya ====================================================== Chottu Yadav @ Chottelal Yadav @ Dharmendra Yadav S/o Parshuram Yadav R/o vill - Malsari, P.S.- Tekari Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Delha P.S. Case No. 17 of 2023 dated 10.01.2023 registered for the offences punishable u/s 302 of the Indian Penal Code and Sectiion 27 of the Arms Act.

3. As per the prosecution case, on 09.01.2023 at about 7.00 P.M., the brother of the informant namely, Amod Kumar was killed by firearm. It is further alleged that some dispute was going on and scuffle has taken place with one Sunil Kumar and the deceased.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the

Patna High Court CR. MISC. No.11743 of 2025(2) dt.28-02-2025 2/2 petitioner has surfaced in this case merely on suspicion. There is no specific allegation against the petitioner rather the specific allegation is against the co-accused, Sunil Kumar. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Delha P.S. Case No. 17of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T