Batoran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32879 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- ALOULI District- Khagaria ====================================================== BATORAN YADAV Son of Late Chanchal Yadav Resident of Village - Sahsi, P.S.- Alouli, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal- Advocate For the Opposite Party/s :

Mr. Narsingh Tanti- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Learned counsel for the petitioner is permitted to make correction in Para-1 of the bail petition during course of the day.

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

The petitioner seeks bail in connection with Alauli P. S. Case No.111 of 2020, instituted for the offences under Sections 147, 148, 341, 385, 387, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 19.10.2020 and he is a person with clean antecedent. Charge-sheet has been submitted in the case and he is a senior citizen and is father of co-accused Pankaj Yadav.

Patna High Court CR. MISC. No.32879 of 2021(2) dt.29-11-2021 2/3 The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that he is a businessman and Manish Singh works with him. Pankaj Yadav demanded rangdari of five lakhs and on protest, Md. Rabban fired, but that missed the informant and Pankaj Yadav fired which hit the neck of Manish Singh.

The learned counsel for the petitioner submits that the petitioner has been made accused only because he is the father of Pankaj Yadav and no specific allegation has been alleged against him and is a senior citizen. There is a delay of two days in lodging the F.I.R. and further, even Manish Singh has not attributed any overt act against this petitioner. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 19.10.2020 and he is a person with clean antecedent. Charge-sheet has been submitted in the case and he is a senior citizen and is the father of co-accused Pankaj Yadav, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with

Patna High Court CR. MISC. No.32879 of 2021(2) dt.29-11-2021 3/3 Alauli P. S. Case No.111 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T