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Patna High CourtCR. MISC./59449/2024allowed

Tarun Yadav v. The State Of Bihar

2024-08-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59449 of 2024 Arising Out of PS. Case No.-658 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Tarun Yadav S/o Bilas Yadav R/o vill - Laxmipur Mahuatol, P.S. - Gangour (Khagaria), Distt. - Khagaria 2.

Mohan Yadav S/o Bilas Yadav R/o vill - Laxmipur Mahuatol, P.S. - Gangour (Khagaria), Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 307, 353/34 of the Indian Penal Code and Sections 25(1-b)A, 26, 27, 35 of the Arms Act.

3. On Secret information, the police came near Gahtara Bandh. Upon seeing the police, five persons managed to flee away but one person was apprehended by the police. Upon search, five live cartridges were recovered from the apprehended person.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners have been made

Patna High Court CR. MISC. No.59449 of 2024(2) dt.21-08-2024 2/2 accused in this case on the basis of confessional statement of coaccused Rup Chand Yadav. He submits that similarly situated co-accused has already been granted regular bail by a coordinate Bench of this Court vide order dated 07.12.2023 passed in Cr. Misc. No. 78720 of 2023. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 03.05.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the similarly situated co-accused has been granted bail, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaria Gangour P.S. Case No. 658 of 2023.

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