Basuli Yadav @ Babuli Yadav @ Bindeshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50034 of 2022 Arising Out of PS. Case No.-465 Year-2021 Thana- KHAIRA District- Jamui ====================================================== BASULI YADAV @ BABULI YADAV @ BINDESHWARI YADAV Son of Late Doman Yadav Resident of Village - Chaukitand, Police Station- Khaira, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mala Sinha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 153(A), 302, 504, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the informant along with his father on their motorcycle were going for treatment of patients. However, while on return of journey, the petitioner along with co-accused persons armed variously surrounded them and started abusing. Further the accused persons restored to firing on the informant's father thereafter his father was taken to hospital where he succumbed to injuries. It is further alleged that the petitioner Bashuli Yadav also fired which did not hit anyone. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.50034 of 2022(4) dt.13-02-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to village rivalry. The specific allegation is against other co-accused persons who fired upon the informant's father due to which he succumbed to injury. According to the FIR, the allegation of firing is also against the petitioner but it did not hit anyone and the informant narrowly escaped from it. It is further submitted that the petitioner is languishing in judicial custody since 19.12.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khaira P.S. Case No. 465 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui.

(Sunil Kumar Panwar, J) amandeep/- U T