Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26379 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== KAMLESH YADAV SON OF UMESH YADAV @ UMESH SINGH R/OVILLAGE- BAGHA SOTI P. S.- RAFIGANJ DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 504 and 506 of the Indian Penal Code and sections 25(1-B)(a) and 26 of the Arms Act.

As per the prosecution case, it is stated by the informant that in course of partition between the brothers and sisters in the family, the petitioner who happens to be the brother of the informant threatened that he would kill them if the sisters ask for share. They also found a gun in the room of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case due to property dispute between the members of the family. No overt

Patna High Court CR. MISC. No.26379 of 2022(3) dt.13-01-2023 2/2 act has been alleged against him. He is in custody since 7.3.2022 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations together with the petitioner having remained in custody for more than 9 months since 7.3.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Rafiganj P.S. Case no. 87 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad. (Partha Sarthy, J) Bibhash/- U