Awadh Yadav @ Awadhesh Yadav @ Awahesh Prasad @ Awadhesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26594 of 2023 Arising Out of PS. Case No.-77 Year-2019 Thana- SARE District- Nalanda ====================================================== AWADH YADAV @ AWADHESH YADAV @ AWAHESH PRASAD @ AWADHESH PRASAD S/o of Late Ragho Yadav Resident of villageBadepur, P.S.-Sare, District-Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhim Kumar Yadav For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 504, 307 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, while the informant was cutting grass in agricultural land, the petitioner came there abused and fired upon him which hit on his thigh. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. After investigation, police has submitted final form against the petitioner. Injury report is annexed as Annexure-5 and 5/1 form which it appears that informant has received lacerated wound
Patna High Court CR. MISC. No.26594 of 2023(2) dt.23-05-2023 2/2 and abrasion of right thigh, which his not a vital organ and doctor has opined the nature of injury as simple. It is further submitted that petitioner has not sent up for trial but cognizance has been taken against him. Petitioner is languishing in judicial custody since 13.03.2023.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif in connection with Sare P.S. Case No. 77 of 2019.
(Sunil Kumar Panwar, J) sushma/- U