Patna High CourtCR. MISC./41926/2023allowed

Ajay Yadav v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41926 of 2023 Arising Out of PS. Case No.-350 Year-2020 Thana- GOGRI District- Khagaria ====================================================== AJAY YADAV S/O LATE CHHOTELAL YADAV R/O VillageGoraiyabathan, PS. Gori, Dist. Khagaria, (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 504, 506, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of opening fire in the air, thereafter fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that no person sustained gun shot injury in the alleged occurrence, therefore, no case u/s 307 of the IPC is made out against the petitioner. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. No incriminating article has

Patna High Court CR. MISC. No.41926 of 2023(3) dt.28-08-2023 2/2 been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 13.07.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Gogri P.S. Case No. 350 of 2020.

(Sunil Kumar Panwar, J) arish/- U T