Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54584 of 2022 Arising Out of PS. Case No.-383 Year-2020 Thana- NOORSARAI District- Nalanda ====================================================== ANIL YADAV Son of Babu Charan Yadav RESIDENT OF VILLAGE PAPERNAUSA, P.S.- NOORSARAI,DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for grant of bail in a case registered under sections 307, 341, 323, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act. The earlier application for bail of the petitioner was rejected vide order dated 14.2.2022 (Annexure-1) passed in Cr. Misc. no. 28991 of 2021.

As per the prosecution case, the petitioner is said to have fired from his pistol hitting the mother of the informant in her leg.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case due to oblique reason. The petitioner is in custody since 19.1.2021 and undertakes to cooperate in the trial. It is further submitted that

Patna High Court CR. MISC. No.54584 of 2022(3) dt.16-11-2022 2/2 liberty was granted by the aforesaid order of rejection dated 14.2.2022 to the petitioner to renew his prayer for bail after six months if there is no progress in the learned trial court. A report was called for from the learned trial court. On perusal of the same it transpires that after examination of two non official witnesses, bailable warrants have been issued for appearance of the rest non official witnesses. Having heard learned counsel for the parties and taking into consideration the prosecution case, the liberty granted to the petitioner in the earlier order of rejection dated 14.2.2022, the petitioner having remained in custody since 19.1.

2021 and the contents of the report received from the learned trial court with respect to the stage of the trial, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 296 of 2021 (arising out of Noorsarai P.S. Case no. 383 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Biharsharif (Nalanda).