Patna High CourtCR. MISC./45730/2023partly allowed disposal

Gajadhar Yadav v. The State Of Bihar

2023-07-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45730 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- NADI P.S. District- Bhagalpur ====================================================== 1.

GAJADHAR YADAV S/O LATE LAGINA YADAV R/O Village- Lattipur, P.S- Bidhpur, Distt.- Bhagalpur.

Akli Yadav S/O Late Ramotar Yadav R/O Village- Lattipur, P.S- Bidhpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioners seeks regular bail in connection with Nadi P.S. Case No. 06 of 2023, registered for the offence punishable under Sections 302, 120 (B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution, 10-15 persons arrived in the night and surrounded the informant and his associates. The brother of the informant was shot in the indiscriminate firing by the accused persons. The deceased had sustained 11 injuries. The petitioners are in custody since 19.03.2023 and 23.03.2023.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.45730 of 2023(2) dt.28-07-2023 2/2 petitioner is innocent and has falsely been implicated in this case.

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid fact and that age of the petitioner no. 1 is 70 years old, his bail application is allowed.

7. Let the petitioner no. 1, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, 3rd Naugachia, District- Bhagalpur, in connection with Nadi P.S. Case No. 06 of 2023.

8. The prayer of bail of petitioner no. 2 is rejected as he has taken part in the indiscriminate firing which killed the deceased.

9. Accordingly bail application of petitioner no. 2 is dismissed.

(Sandeep Kumar, J) Ranjeet/- U T