Patna High CourtCR. MISC./57035/2023bail granted

Babua Yadav @ Birendra Yadav v. The State Of Bihar

2023-08-30Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57035 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== BABUA YADAV @ BIRENDRA YADAV S/o Disha Yadav R/o Vill.- Udaybhanpur, P.S.-Barhara (Krisangarh), Dist.-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ara Muffasil (Dhobhan O.P.) P.S. Case No. 49 of 2023 registered for the offence under Sections 302, 307 and 34 of the Indian Penal Code and under Sections 25(1-B)a, 26, 35 and 27 of the Arms Act.

4. As per the prosecution case four named and some unknown persons opened fire in a Barat which caused fire arm injuries to the informant and one Vindhyachal Prasad Gupta and during the course of treatment Vindhyachal Prasad Gupta died.

5. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and the name of the petitioner has come in the confessional statement of one Manoj Yadav and

Patna High Court CR. MISC. No.57035 of 2023(2) dt.30-08-2023 2/2 Manoj Yadav has already been granted bail by this Court vide Cr. Misc. No. 41804 of 2023.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 25.05.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 7th, Bhojpur at Ara in connection with Ara Muffasil P.S. Case No. 49 of 2023.

10. The petitioner will visit Barhara Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T