Patna High CourtCR. MISC./41949/2024bail granted

Ajay Yadav v. The State Of Bihar

2024-09-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41949 of 2024 Arising Out of PS. Case No.-645 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Ajay Yadav S/O Bhudeo Yadav @ Bhudev Yadav R/O Village Sakrauli (Sakrali) Ward No 02, P.S. Simri Bakhtiyarpur, Distt-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-09-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Simri Bakhtiyarpur (Bakhtiyarpur) P.S. Case No. 645 of 2023 dated 27.11.2023, lodged under Sections 302, 201, 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against two named accused persons (including the present petitioner) and one unknown person against whom there is an allegation that they have killed the informant's brother.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner and informant's brother (deceased)

Patna High Court CR. MISC. No.41949 of 2024(3) dt.25-09-2024 2/2 are cousin brothers and the petitioner has falsely been implicated in this case. Counsel submits that there is no eyewitness of the alleged occurrence and the petitioner has also not assaulted the informant's brother (deceased). Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 26.12.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only three months after framing of charge, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Simri Bakhtiyarpur (Bakhtiyarpur) P.S. Case No. 645 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T