Bijo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47506 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- MANSI District- Khagaria ====================================================== BIJO YADAV, S/O RADHESHYAM YADAV, R/O Village- Amni, P.SMansi, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Kishor Poddar, Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 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 Mansi P.S. Case No. 140 of 2022 dated 28.04.2022 registered for the offences punishable u/ss 341, 323, 326, 307, 506 read with Section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons along with three unknown miscreants holding lethal weapons were standing at Basa of Nepali Singh.
Patna High Court CR. MISC. No.47506 of 2023(2) dt.04-08-2023 2/3 On being asked, Aman Yadav, Ramesh Yadav and Ranjeet Yadav started assaulting the informant and the co-accused Ranjeet Yadav caught hold of him and the co-accused Ramen Yadav fired on the stomach of the informant. Thereafter, the informant was taken to the Sadar Hospital for treatment.
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. Nothing has been recovered from the possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 28.07.2023 passed in Cr. Misc. No. 46670 of 2023. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 28.01.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant sustained injury which is grievous in nature caused by fire arm.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioner above-named, is
Patna High Court CR. MISC. No.47506 of 2023(2) dt.04-08-2023 3/3 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, Khagaria in connection with Mansi P.S. Case No. 140 of 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T