Puttan Yadav @ Fudan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39906 of 2023 Arising Out of PS. Case No.-570 Year-2016 Thana- KATIHAR NAGAR District- Katihar ====================================================== PUTTAN YADAV @ FUDAN YADAV, age 60 years, Male, SON OF LATE VISHNUDEV YADAV RESIDENT OF KHERIYA, PS- KURSELA, DISTTKATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Katihar (Sahayak) P.S. Case No. 570 of 2016 dated 02.09.2016 registered for the offence(s) punishable under Section(s) 399, 402, 353, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that there is no specific allegation of firing against the petitioner and he was not apprehended at the spot and his name came into light in the disclosure made by the apprehended co-accused person and some of the co-accused persons, who have criminal antecedents and were apprehended

Patna High Court CR. MISC. No.39906 of 2023(2) dt.17-07-2023 2/2 at the spot, have already been granted bail by the trial Court. Further submission is that the petitioner is on bail in the cases which have been shown as his criminal antecedents.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that some of the named co-accused persons have been granted bail by the trial court itself and petitioner was not apprehended at the spot as per FIR and his name came into light in the statement of the apprehended co-accused person, Sukhari Mandal, who is on bail as per the above submission, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Katihar (Sahayak) P.S. Case No. 570 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T