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Patna High CourtCR. MISC./50515/2023bail granted

Sugga Kumar @ Sugga Yadav v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50515 of 2023 Arising Out of PS. Case No.-546 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== Sugga Kumar @ Sugga Yadav Son Of Rajendra Yadav Resident Of VillageManjhauli, Ps- Paraiya, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Babu For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 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 Bodhgaya P.S. Case No. 546 of 2022 dated 29.08.2022 registered for the offence punishable under Sections 147, 149, 341, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have stolen the informant tractor and started fleeing away. On chase, the co-accused

Patna High Court CR. MISC. No.50515 of 2023(2) dt.16-08-2023 2/3 person Biru Yadav fired which hit the informant's palm causing injury and the co-accused Mantu Yadav fired which passed beside the informant's temple.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 24.05.2023 passed in Cr. Misc. No. 28559 of 2023. The specific allegation of firing is against the co-accused Biru Yadav. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.02.2023.

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, Gaya in connection with Bodhgaya P.S. Case No. 546 of 2022.

Patna High Court CR. MISC. No.50515 of 2023(2) dt.16-08-2023 3/3

8. The application stands allowed.

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