Patna High CourtCR. MISC./41289/2023bail granted

Brajesh Kumar Yadav v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41289 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== BRAJESH KUMAR YADAV SON OF SULENDRA YADAV RESIDENT OF VILLAGE- SHAHABAD, PS- SULTANGANJ, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 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 Sultanganj P.S. Case No. 256 of 2022 dated 29.07.2022 registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, some unknown miscreants are alleged to have committed murder of the informant's son and the dead body was found on the road. It is

Patna High Court CR. MISC. No.41289 of 2023(2) dt.25-07-2023 2/3 further alleged that there was injury of bullet caused by firearm on his head, shoulder and check.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 02.08.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the mobile of the deceased was recovered from the possession 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, Bhagalpur in connection with Sultanganj P.S. Case No. 256 of 2022, with the condition :- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.41289 of 2023(2) dt.25-07-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

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