Patna High CourtCR. MISC./27197/2020allowed

Gulchun Yadav @ Sanjeet Yadav v. The State Of Bihar

2020-11-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27197 of 2020 Arising Out of PS. Case No.-166 Year-2019 Thana- SHANKARPUR District- Madhepura ====================================================== Gulchun Yadav @ Sanjeet Yadav, aged about 42 years male S/O Surendra Yadav R/O Laxmipur Chandi, P.S. Kumarkhand, District Madhepura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party :

Mr.Pramd Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-11-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Shankarpur P.S. Case No.166 of 2019 for the offence under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner would submit that there is allegation of firing against coaccused Manoj Yadav and petitioner is said to be a companion of Manoj Yadav. Learned counsel further submits that the petitioner has no criminal antecedent. The occurrence took place on 22.10.2019 but first information report was lodged on 26.10.2019. Delay in lodging the FIR indicates false implication of the petitioner.

Patna High Court CR. MISC. No.27197 of 2020(2) dt.02-11-2020 2/2 Considering the fact that the petitioner has no criminal antecedent and there is no allegation of firing against him and he is in custody since 04.01.2020, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Shankarpur P.S. Case No.166 of 2019. (Anil Kumar Upadhyay, J) BT/- U T