Patna High CourtCR. MISC./49843/2021bail granted

Niraj Yadav v. The State Of Bihar

2022-03-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49843 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- BUXAR District- Buxar ====================================================== NIRAJ YADAV S/o SADHU YADAV @ BHAJU SINGH YADAV R/o VILLAGE-I.T.I. FIELD BUXAR, P.S- BUXAR TOWN, DISTRICTBUXAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, as a result of firing resorted to by the five named accused persons including the petitioner herein as also some unknown accused persons, it is stated that one Avinash Kumar sustained gunshot injury. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The injury report does not support the allegations levelled in the F.I.R. The petitioner is in custody since 22.2.2021 and has no criminal

Patna High Court CR. MISC. No.49843 of 2021(3) dt.25-03-2022 2/2 antecedent. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation, the general and omnibus allegations in the F.I.R. together with the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.170 of 2021 (arising out of Buxar Town P.S. Case no.7 of 2021) 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, Buxar.

(Partha Sarthy, J) Saurabh/- U T