Banarsh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24478 of 2022 Arising Out of PS. Case No.-362 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Banarsh Yadav S/O Late Lokan Yadav R/O Village- Bazitpur, P.S.- Deep Nagar, District- Nalanda ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Deep Nagar P.S. Case No. 362 of 2021 lodged under Sections 147, 148, 341, 323, 307, 504 of Indian Penal Code, Section 27 of Arms Act subsequently Section 302 and 120(B) has been added.

As per the prosecution case, the allegation of indiscriminate firing by pistol is upon seven named accused. The specific allegation of gun fire upon the father-in-law of the informant is upon Vikas Kumar.

Learned counsel for the petitioner submits that in the F.I.R., there is a general and omnibus allegation against all the

Patna High Court CR. MISC. No.24478 of 2022(2) dt.17-08-2022 2/3 named accused persons. He further submits that from contents of the F.I.R., it transpires that there is a long pending dispute going on between the parties. He further submits that petitioner is aged about 80 years and he is in custody since 08.12.2021, chargesheet has already been filed and petitioner has one case pending against him.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above and considering his age, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Deep Nagar P.S. Case No. 362 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.24478 of 2022(2) dt.17-08-2022 3/3 B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sanjeev/- U T