Bindhyachal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13445 of 2023 Arising Out of PS. Case No.-23 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== Bindhyachal Yadav Son of Late Ramdev Yadav R/V- Ratawa P.S- Baghaila Dist- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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 302/120B/34 of the IPC and Section 27 of the Arms Act. The allegation against the petitioner that upon instigation of co-accused persons he opened fired upon the son of the informant due to which his son sustained gun shot injury and during treatment he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner earlier voluntarily surrendered before court below on 18.05.2020 and was granted bail by J.J. Board, Sasaram after release he went

Patna High Court CR. MISC. No.13445 of 2023(2) dt.05-05-2023 2/2 out of station and due to miscommunication he could not support the trial and bail bond was cancelled on 06.12.2022 and he was taken into custody on 15.12.2022 and since then he is languishing in judicial custody. It is further submitted that the petitioner has got no criminal antecedent. 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 after framing of charge. The above named petitioner is directed to be released on bail after framing of charge in connection with Baghaila P.S. Case No. 23 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional District and Sessions Judge-cumSpecial Judge, Children Court, Rohtas at Sasaram. (Sunil Kumar Panwar, J) Manish/- U T