Angad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33832 of 2024 Arising Out of PS. Case No.-364 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Angad Yadav Son of Ram Bilash Yadav Resident Of Village- Usri, P.S.- Gogri, District- Khagaria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2024 Heard learned counsel for the Petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Gogri P.S. Case No. 364 of 2023 dated 11.10.2023 registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code and Sections 25(1B)a, 26(1), 35 and 27(1) of the Arms Act.

3. Mr. Vivekanand Singh, learned counsel appearing for the petitioner submits that though the petitioner is named in the FIR but he is not said to be the assailant, as per the FIR, one co-accused, Santosh Yadav, was apprehended at the spot who disclosed the name of this petitioner and ten others being involved in the commission of the alleged occurrence as conspirators and according to the FIR, petitioner's role in the

Patna High Court CR. MISC. No.33832 of 2024(3) dt.26-07-2024 2/3 offence was only as that of a conspirator. It is further submitted that as per the FIR, the informant claimed herself to be an eyewitness and according to her, three unknown persons riding on a motorcycle came and started firing but the name of this petitioner was not disclosed by her despite the petitioner being a co-villager of the informant which shows that the petitioner was not present at the place of occurrence at the time of commission of the occurrence. Learned counsel further submits that against the petitioner there are criminal antecedent of three cases but he has got bail in all the said cases and has been languishing in jail since 07.11.2023 and against him the investigation has been completed.

4. Mr. Bharat Bhushan, learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Having regard to the above submissions and mainly considering the facts that the petitioner is alleged to be one of the conspirators and is not said to be the assailant and against him the investigation has been completed, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection

Patna High Court CR. MISC. No.33832 of 2024(3) dt.26-07-2024 3/3 with Gogri P.S. Case No. 364 of 2023.

(Shailendra Singh, J) maynaz/- U T