Abdhesh Kumar @ Chotu @ Abadhesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38520 of 2024 Arising Out of PS. Case No.-567 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Abdhesh Kumar @ Chotu @ Abadhesh Kumar Yadav S/O Sacchidanand Yadav @ Sachitanand Yadav R/O Village- Laharnia, P.S- Triveniganj, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Triveniganj P. S. Case No. 567 of 2022 in a case registered for the offences punishable under Sections 148, 149, 447, 326, 307, 323, 341, 324, 379 of the Indian Penal Code and Section 27 of the Arms Act to which Section 302 of the Indian Penal Code was added later on.

3. Allegation against the petitioner along with other F.I.R. named accused persons is of firing upon cousin brothers of informant due to which they sustained injury. It is further alleged that during course of treatment, informant's brother, namely, Satendra Yadav died.

Patna High Court CR. MISC. No.38520 of 2024(2) dt.09-08-2024 2/2

4. Learned counsel for the petitioner submits that present case is counter blast of Triveniganj P. S. Case No. 573 of 2022. Informant claims to be eye witness but in fact, he is not an eye witness of the alleged occurrence. It is further submitted that similarly situated co-accused, namely, Anandkant Yadav, has already been granted regular bail by co-ordinate Bench of this Hon'ble Court vide order dated 19.04.2024 passed in Cr. Misc. No. 19236 of 2024. Petitioner is in custody since 29.11.2023 and claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the period of custody and the fact that similarly situated co-accused has already been granted regular bail, this bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateI, Supaul in connection with Triveniganj P. S. Case No. 567 of 2022.

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