Abhinandan Kumar @ Puja Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44591 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Abhinandan Kumar @ Puja Yadav Son Of Raghubar Yadav R/V- Fingi / Sadashi Tola, Ward No. -1, Sahaib Tola, Distt.- Bhojpur, Ara ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore, Adv For the State :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-07-2024 Heard learned advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Bihia P.S. Case No. 336 of 2023 registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. While the informant was sitting on her gate, in the meantime co-accused Nagendra Yadav and Loha Yadav came there and fired upon the informant causing fire-arm injury over her right lower hand and chest. It is further alleged that at the distance of 10 yards from the place of occurrence, the petitioner and others
Patna High Court CR. MISC. No.44591 of 2024(2) dt.03-07-2024 2/3 were standing there who had earlier also threaten and ask for ransom.
4. Learned advocate for the petitioner contended that from the narration made in the F.I.R., it is evident that specific allegation of firing has been levelled against co-accused Nagendra Yadav and Loha Yadav. So far the petitioner is concerned the only allegation is that he was standing at some distance from the place of occurrence there is no allegation of any overt act against him. It is also the contention of the petitioner that there is a prior enmity and on the premise of such enmity, the name of the petitioner has been implicated. The petitioner bears fair antecedent and he is in custody since 13.03.2024.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner was also one of the person who ask for ransom.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation which is specifically made against other accused persons, coupled with the fact that petitioner has no criminal antecedent and the period of custody undergone by him, let the petitioner, named above, be released on bail on furnishing bail bonds of
Patna High Court CR. MISC. No.44591 of 2024(2) dt.03-07-2024 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Bhojpur, Ara/concerned Court in connection with Bihia P.S. Case No. 336 of 2023.
(Harish Kumar, J) Arish/- U T