Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29831 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- GOGRI District- Khagaria ====================================================== CHHOTU YADAV, aged about 19 years (Male), S/o Bijay Yadav, Resident of Village-Bahadurpur, P.S.-Gogri, District-Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Praveen Kumar Agrawal, Advocate.

For the Opposite Party :

Mr. Satyadeo Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 448, 341, 323, 504, 506/34 of the

Patna High Court CR. MISC. No.29831 of 2020(2) dt.12-11-2020 2/3 I.P.C. and 25(1-b)a, 37 of the Arms Act.

The prosecution story, in brief, is that on 18.04. 2020, the petitioner and others having arms in their hands came at the house of the informant and started abusing and assaulting him due to dispute between the informant and Md. Ismile. The police came and arrested the petitioner with one country made pistol alongwith five live cartridges.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 18.04.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that one country made pistol alongwith five live cartridges is recovered from possession of the petitioner. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.29831 of 2020(2) dt.12-11-2020 3/3 C.J.M. Khagaria, in connection with Gogari P.S. Case No. 120 of 2020.

(Sudhir Singh, J) U.K./- U T