Patna High CourtCR. MISC./38500/2024bail granted

Jai Prakash Yadav v. The State Of Bihar

2024-07-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38500 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Jai Prakash Yadav S/o LalBabu Prasad Yadav @ Lalbabu Yadav R/o VillageGhughua, P.S.- Ghorashan, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 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 Town P.S. Case No. 103 of 2024 dated 12.02.2024 registered for the offences punishable u/ss 413, 414, 307, 326 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the co-accused Vicky @ Abhinav is alleged to have fired from the gun causing injury to Vikash Kumar due to dispute in distribution of money. It is further alleged that on the disclosure of the petitioner, one empty cartridge and a stolen motorcycle were recovered near the field of Rameshwar Tiwari.

Patna High Court CR. MISC. No.38500 of 2024(3) dt.23-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The specific allegation of firing is against the co-accused Vicky @ Abhinav. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.02.2024.

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, Motihari, East Champaran in connection with Town P.S. Case No. 103 of 2024.

7. The application stands allowed.

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