Patna High CourtCR. MISC./35107/2024bail granted

Naresh Yadav @ Pago v. The State Of Bihar

2024-05-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35107 of 2024 Arising Out of PS. Case No.-164 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== Naresh Yadav @ Pago Son of Vijay Yadav RESIDENT OF VILLAGE - CHANDA, POLICE STATION - ATHMALGOLA, DIST.- PATNA ... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 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 Athmalgola P.S. Case No. 164 of 2018 dated 19.07.2018 registered for the offences punishable u/ss 147, 148, 149, 447, 448, 323, 325, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, there was firing between two groups and the two persons sustained firearm injuries.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.35107 of 2024(2) dt.16-05-2024 2/2 possession of the petitioner. There is a case and counter case between the parties. The injured have sustained firearm injury but the nature of injury has not been mentioned in the injury report as stated in para 7 of the bail petition. The co-accused person has already been granted anticipatory bail by the Coordinate Bench of this court vide order dated 23.01.2019 passed in Cr. Misc. No. 1529 of 2019. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Barh, Patna in connection with Athmalgola P.S. Case No. 164 of 2018.

7. The application stands allowed.

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