Bijo Yadav @ Vijo Vadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40274 of 2023 Arising Out of PS. Case No.-1136 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Bijo Yadav @ Vijo Vadav S/O Late Radhe Shyam Yadav R/O Village- Amni, Ps. Khagaria (MUFFASIL), Dist. Khagaria (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishweshwar Ram, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Khagaria (Muffasil) P.S. Case No. 1136 of 2022 dated 30.10.2022 registered for the offences u/ss 427, 341, 307 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, the allegation against the petitioner and the co-accused persons along with 4-5 unknown persons is of firing on the informant's husband which hit his Panjra when he forbade them from grazing their horses.

Patna High Court CR. MISC. No.40274 of 2023(2) dt.24-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. There is no specific allegation of firing against the petitioner. The petitioner has got two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.10.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 1136 of 2022.

8. The application stands allowed.

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