Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63004 of 2021 Arising Out of PS. Case No.-280 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Gautam Yadav Son of Late Nardi Yadav Resident of Village - Kishanpur, P.S.- Amhara, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in Lakhisarai( Amhara) P.S.Case No. 280 of 2020 registered for the offences punishable under Sections 302,120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, all the accused persons including petitioner surrounded the husband of informant. It is specifically alleged that co-accused Birju Mandal fired on the husband of the informant which hit on the head and he fell down on the ground thereafter, all the accused persons made indiscriminate firing on the body of the husband of the informant.

Patna High Court CR. MISC. No.63004 of 2021(2) dt.18-02-2022 2/2 It is submitted that there is general and omnibus allegation of firing against this petitioner. Specific allegation of firing is against co-accused Birju Mandal. It is further submitted that though there is allegation of firing against altogether fifteen co-accused persons but only three firearm injuries has been found on the deceased. Similarly situated co-accused Pankaj Ram@ Ganguli and Sajan Mandal have been granted bail by co-ordinate bench of this Court in Cr. Misc. No. 21529 of 2021vide order dated 25.10.2021 and Cr. Misc. No.37925 of 2020 vide order dated 05.03.2021. petitioner is in custody since 13.01.2021.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge cum FTC-II, Lakhisarai in connection with Lakhisarai( Amhara) P. S. Case No. 280 of 2020. (Prabhat Kumar Singh, J) N.K/- U T