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Patna High CourtCR. MISC./41466/2023allowed

Abhay Yadav @ Govind Yadav @ Abhay Jee @ Govind Jee v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41466 of 2023 Arising Out of PS. Case No.-5 Year-2019 Thana- LUTUA District- Gaya ====================================================== Abhay Yadav @ Govind Yadav @ Abhay Jee @ Govind Jee Son of Kuldeep Yadav Resident of Village- Ban Manjhauli, PS- Dhibra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Jubair Ansari For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 353, 307, 120(B)A, 121, 122, 124(A) of the Indian Penal Code, Section 27 of the Arms Act and Sections 16, 18, 20 of the U.A.P Act. The prosecution case as per F.I.R is that on receiving information that extremists are planning to commit some offence, raid was laid when firing was resorted to by both sides. The police, thereafter recovered huge arms and ammunition.

Patna High Court CR. MISC. No.41466 of 2023(2) dt.21-07-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that petitioner is in judicial custody since 28.02.2018 whereas the present F.I.R was registered on 15.05.2019 which itself shows that petitioner was falsely implicated in this case. The petitioner is languishing in custody since 28.02.2018.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya/concerned court in connection with Lutua P.S. Case No. 05 of 2019. (Sunil Kumar Panwar, J) Shageer/- U T