Patna High CourtCR. MISC./16719/2024bail granted

Dilip Yadav v. The State Of Bihar

2024-03-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16719 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- MANIHARI District- Katihar ====================================================== Dilip Yadav Son Of Late Mahesh Yadav R/O-Dilarpur, P.S.-MANIHARI, Distt.-KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Manihari P.S. Case no. 292 of 2023 registered under sections 307 and 34 of the Indian Penal Code and sections 25(1-B)a, 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that the petitioner along with one another came on a motorcycle and the person who was sitting on the motorcycle with the petitioner fired on the informant, however his shot misfired. The accused managed to escape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Even as per

Patna High Court CR. MISC. No.16719 of 2024(2) dt.14-03-2024 2/2 the allegations in the F.I.R, the overt act as alleged is against the co-accused and not the petitioner herein who is in custody since 10.1.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, his not having been arrested on the spot, the allegations of overt act as per the F.I.R being against the coaccused and not this petitioner and his being in custody since 10.1.2024, the petitioner is directed to be enlarged on bail in connection with Manihari P.S. Case no. 292 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar. (Partha Sarthy, J) Harsh/- U T