Patna High CourtCR. MISC./48148/2023bail granted

Vijay Yadav v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48148 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- GOGRI District- Khagaria ====================================================== VIJAY YADAV Son of Late Upendra Yadav Resident of Village - Murli, P.S. - Beldaur, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Saroj Kr. Choudhary, Adv.

Mr. Abhishek, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

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 Gogri P.S. Case No. 81 of 2023 dated 3.3.2023 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons along with 3-4 unknown miscreants holding weapons were standing beside the road. The co-accused, Amar Yadav fired from his rifle which hit the chest of the informant's husband and all the co-accused persons fled away from there.

Patna High Court CR. MISC. No.48148 of 2023(2) dt.08-08-2023 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. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The specific allegation of firing is against the co-accused Amar Yadav. The petitioner is accused in 4 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.3.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Khagaria in connection with Gogri P.S. Case No. 81 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T