Bhola Yadav @ Bhola Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68529 of 2021 Arising Out of PS. Case No.-152 Year-2021 Thana- SALAKHUA District- Saharsa ====================================================== BHOLA YADAV @ BHOLA PRASAD YADAV Son of Late Chamru Yadav Resident of Village and P.O.- Rasalpur, P.S.- Salkhua (Banma Itahari O.P.), District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated that eight named accused persons including the petitioner herein and 3-4 other persons came variously armed. On the orders of this petitioner, Ramu Kumar and Laxman Kumar @ Chhotu started firing, as a result of which, the brother of the informant sustained gun shot injury in his stomach.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.68529 of 2021(2) dt.17-05-2022 2/2 that the petitioner is innocent and has been falsely implicated in the case. Even as per the allegations in the FIR, he is said to be the order giver. No overt act is alleged against him. He is in custody since 21.08.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner of being the order giver, not having any criminal antecedent and having remained in custody for eight months, the petitioner, named above, is directed to be enlarged on bail in connection with Salkhua (Banmaltahari O.P.) P.S. Case No. 152 of 2021 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 ACJM-IV, Saharsa.

(Partha Sarthy, J) sanjeev/- U T