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Patna High CourtCR. MISC./29375/2025bail granted

Ajit Yadav @ Hitlar @ Ajit Kumar v. The State Of Bihar

2025-05-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29375 of 2025 Arising Out of PS. Case No.-310 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Ajit Yadav @ Hitlar @ Ajit Kumar S/O Nago Yadav R/O Village- Govindpur, P.S.- Sahebpur Kamal, Distt. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahebpur Kamal P.S. Case No. 310/2023 G.R. No. 4273/2023 dated 11.11.2023 registered for the offence punishable u/s 147, 148, 323, 386, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons along with two unknown miscreants holding weapons came to the house of the informant and demanded extortion of Rs. 5 lacs and threatened to kill. In the meantime, the co-accused Nago Yadav ordered to kill, on hearing this, the

Patna High Court CR. MISC. No.29375 of 2025(2) dt.07-05-2025 2/3 co-accused Bipin Yadav caught hold of the informant's husband and the petitioner fired on him, causing firearm injury on his chest. Thereafter, the petitioner and the co-accused, Nago Yadav were dragging and taking away the informant's husband in the injured condition. On hearing the sound of firing, Kapildev Yadav, Bade Lal Yadav, Vilash Yadav came then all the accused persons fled away from there by firing.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is a delay of four days in lodging the F.I.R. and there is no any explanation given by the informant with regard to alleged delay. As per the Injury Report, one bullet was found in the right arm of the injured which is grievous in nature but it is on non-vital part of the body. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 07.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the specific allegation of firing is against the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.29375 of 2025(2) dt.07-05-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Sahebpur Kamal P.S. Case No. 310/2023, with the conditions;- (i). 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. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

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