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Patna High CourtCR. MISC./39505/2017bail granted

Buchi @ Rajesh Yadav @ Buchu Yadav v. The State Of Bihar

2017-08-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39505 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== BUCHI @ RAJESH YADAV @ BUCHU YADAV .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Nathnagar P.S. Case No. 73 of 2016, registered for the offence punishable under Section 307 of the I.P.C. and under Section 27 of the Arms Act.

The FIR is said to have been filed against unknown accused persons, who had fired on the informant with an intention to kill him, however, the gunshot fire had not hit him. The name of the petitioner appears to have cropped up during investigation on confession made by one Lavis Yadav.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and no TIP has been carried out till date. It is further pointed out that similarly situated co-accused person has already been granted bail vide order dated 13.12.2016 passed

Patna High Court Cr.Misc. No.39505 of 2017 (2) dt.19-08-2017 2/2 in Cr. Misc. No. 45817 of 2016 by the Bench of this Court. Having regard to the facts and circumstances of the case, I find that this is a fit case in which the petitioner should be released on bail.

Accordingly, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Bhagalpur in connection with Nathnagar P.S. Case No. 73 of 2016. (Mohit Kumar Shah, J) khushbu/- U T