Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44228 of 2023 Arising Out of PS. Case No.-908 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== DINESH YADAV son of Late Shambhu Yadav Village- Sundar Patti PsGopalganj town Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla, Adv.

For the Informant :

Mr. Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023

1. 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 Gopalganj (Town) P.S. Case No. 908 of 2021 dated 13.12.2021 registered for the offences punishable u/ss 326 and 307 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, all the FIR named accused persons including this petitioner made indiscriminate firing on the informant as a result of which he sustained two fire arms injuries.

Patna High Court CR. MISC. No.44228 of 2023(3) dt.31-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is handicapped with 40% disability. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the injury caused to the informant is grievous in nature.

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, Gopalganj in connection with Gopalganj (Town) P.S. Case No. 908 of 2021.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T