Ashutosh Yadav @ Ashutosh Jee @ Jugal Yadav @ Yugesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42301 of 2021 Arising Out of PS. Case No.-135 Year-2006 Thana- BARACHATTI District- Gaya ====================================================== Ashutosh Yadav @ Ashutosh Jee @ Jugal Yadav @ Yugesh Yadav Son of Shivnath Yadav Resident of Village - Bharaundha (Gramharia), P.S.- Gurua, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2022 Heard both parties.

The petitioner seeks bail in Barachatti (Mohanpur) P.S. Case No. 135 of 2006 corresponding to Sessions Trial No. 306 of 2013/405/2020), registered for the offence punishable under Sections 307, 353 and other allied sections of the Indian Penal Code, sections 25(1-B)A, 25(1-A), 25-1AA, 26(ii), 27 and 35 of the Arms Act, section 3/4 of the Explosive Substances Act and section 17 of the CLA Act.

It is a case of misuse of bail.

Earlier petitioner was granted bail vide order dated 18.01.2013, but due to non-pairvi his bail bond was cancelled on 15.12.2014. Thereafter, petitioner was remanded in this case on 08.08.2019 from Madanpur PS Case No. 136 of 2018 and he

Patna High Court CR. MISC. No.42301 of 2021(2) dt.03-01-2022 2/2 is in custody since 08.08.2019 and thus, has spent more than two years. Chargesheet has already been submitted. Considering the facts and circumstances of the case and period of custody, the petitioner above-named, is directed to 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 learned Additional District & Sessions Judge XI, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 135 of 2006 corresponding to Sessions Trial No. 306 of 2013/405/2020).

(Prabhat Kumar Singh, J) vinita/- U T