Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17763 of 2022 Arising Out of PS. Case No.-387 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== GAUTAM YADAV Son of Sufal Yadav Resident of Village Maghi, P.S. - Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai For the informant :

Ms. Vaishnavi Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 read with 34 of the Indian Penal Code.

The petitioner and co-accused persons in connivance with one another are said to have shot the husband of the informant dead. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case on account of election. Learned counsel for the petitioner has further submitted that as per FIR co-accused Sanjay Yadav and

Patna High Court CR. MISC. No.17763 of 2022(3) dt.27-07-2022 2/2 Pramod Yadav was armed with weapons. It is further submitted that as per the FIR, the petitioner has no arms. The petitioner is accused in two other criminal cases as stated at para 3 of the bail petition. There is general and omnibus allegation against the petitioner. The petitioner is in custody since 10.12.2021.

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

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Laxmipur P.S. Case No. 387 of 2021, with a condition that the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

The application stands allowed.

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