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Patna High CourtCR. MISC./1587/2021allowed

Ajay Yadav v. The State Of Bihar

2021-04-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1587 of 2021 Arising Out of PS. Case No.-220 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== AJAY YADAV S/O Balkeshwar Yadav Resident of Village - Belahi, P.S. - Magadh Medical, District - Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kr. No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Magadh Medical P.S. Case No.220/19 registered for the offence punishable under Sections 307/34 of the Indian Penal Code and section 27 of the Arms Act.

The allegation against the petitioner is that he along with one other has abused the informant side and on opposition, fired by pistol on brother of the informant namely Dinesh Yadav causing injury on his neck.

It is submitted by learned counsel for the petitioner that petitioner has not committed any offence as alleged in the FIR. He is quite innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.1587 of 2021(3) dt.09-04-2021 2/2 It is submitted that petitioner never abused and assaulted the informant or his brother. The specific allegation of opening fire is against the accused Ajay Yadav. It is further submitted that it has been falsely alleged that the informant was treated in Anugrah Narayan Magadh Medical Hospital, Gaya, as during investigation the staff of the Medical College told the I.O. that nobody of the name of Dinesh Yadav has been admitted in the Hospital on the alleged date of occurrence. No incriminating article has been recovered from his conscious physical possession. The petitioner is languishing in custody since 10.06.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., IVth, Gaya in connection with Magadh Medical P.S. Case No.220/19.

(Anjani Kumar Sharan, J) pallavi/- U T