Shyam Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48568 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Shyam Sundar Yadav Son Of Biro Yadav Resident Of Village - Sonbarsa, P.S.- Chautham, District - Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP :

Mr. Praveen Kumar Agrawal, Advocate :

Mr. Santosh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Chautham P.S. Case no. 175 of 2022 registered under sections 307, 147, 148, 149 and 504 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, all the accused persons including the petitioner are said to have resorted to indiscriminate firing causing gun shot injury to the informant.

4. It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. The allegations are general and omnibus in nature. Co-accused Sanjay Yadav has been granted bail. The petitioner is in custody since 18.1.2023 and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.48568 of 2023(3) dt.11-10-2023 2/2

5. The application for bail is opposed by learned A.P.P. for the State along with learned counsel for the informant. Learned counsel for the informant submits that a number of cartridges were recovered from the place of the occurrence. Not only the petitioner is named in the FIR but he also actively participated therein. He has a number of criminal antecedents. He suppressed his criminal antecedents in the main application but disclosed the same only in the supplementary affidavit.

6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner in the FIR and the petitioner having remained in custody since 18.1.2023, the Court directs the petitioner to be enlarged on bail in connection with Chautham P.S. Case no. 175/2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.

(Partha Sarthy, J) ajay/- U T