Patna High CourtCR. MISC./39356/2023bail granted

Sudama Yadav v. The State Of Bihar

2023-07-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39356 of 2023 Arising Out of PS. Case No.-1155 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Sudama Yadav S/O Kesho Yadav R/O Durjan Khap, P.S- Barachatti, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Barachatti P.S. Case No. 1155 of 2022 registered for the offence under Sections 307, 379, 354B, 341, 323, 325, 504 and 506 read with Section 34 of the Indian Penal Code.

4. The proseuction case in short is that 13 persons are said to have molested the sister of the informant and one Dilip Yadav had fired which hit the informant.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no specific material has come during investigation to connect the petitioner with crime.

Patna High Court CR. MISC. No.39356 of 2023(2) dt.21-07-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 15.05.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Upon perusal of the FIR, it appears that there might have been some occurrence and in that course one or two persons have fired but the naming of the petitioner and other accused persons falsifies the allegation.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioner, above named, 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 the learned Exclusive Special Judge-POCSO-cum-Additional Sessions Judge-VII, Gaya in connection with Barachatti P.S. Case No. 1155 of 2022.

(Sandeep Kumar, J) Vikas/- U T