Patna High CourtCR. MISC./26604/2021bail granted

Prasadi Yadav v. The State Of Bihar

2021-12-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26604 of 2021 Arising Out of PS. Case No.-362 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== PRASADI YADAV S/o Late Natho Yadav R/o village- Simaria, Chanan, Ward No. 11, P.S.- Barauni (Chakia O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Jai Nanrain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner is stated to have provided the country made pistol to coaccused Sanjay Yadav on whose firing it is stated that the informant sustained gunshot injury.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even as per the F.I.R. the overt act alleged is against the coaccused and not the petitioner. The petitioner is in custody since 20.9.2020 and has no criminal antecedent. Chargesheet has been

Patna High Court CR. MISC. No.26604 of 2021(2) dt.08-12-2021 2/2 submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations together with the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Barauni P.S. Case no. 362 of 2020 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 Judicial Magistrate, 1st Class Begusarai.

(Partha Sarthy, J) Bibhash/- U