Kaju Yadav @ Kaju Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45028 of 2024 Arising Out of PS. Case No.-687 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Kaju Yadav @ Kaju Kumar Yadav S/o Arvind Yadav R/o Village-Chhoti Ghutiya Shyampur, P.S.-Rajaun, District-Banka ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Pandey For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sabour P.S. Case No. 687 of 2023 dated 31.12.2023 registered for the offence/s punishable u/ss 341, 323, 307, 353, 332, 333 read with section 34 of the Indian Penal Code and 25(1-B)a, 26, 35 and 27 of the Arms Act.
3. As per the prosecution case, on secret information, the police official tried to stop the Scorpio vehicle then one person fired bullet but anyhow one A.S.I, namely, Pawan Kumar escaped. Thereafter, the police officials apprehended the petitioner and the co-accused person and a
Patna High Court CR. MISC. No.45028 of 2024(2) dt.04-09-2024 2/3 country made pistol, bullet, Scorpio and mobile were recovered from them.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. As per supplementary affidavit filed on behalf of the petitioner, the petitioner has twenty six criminal antecedents and in all the said cases he is on bail. The petitioner is in custody since 01.01.2024. Similarly situated co-accused has already been granted bail by this court vide order dated 23.07.2024 passed in Cr. Misc. No. 43481 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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 Sabour P.S. Case No. 687 of 2023, with the following condition/s:- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.45028 of 2024(2) dt.04-09-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T