Futus Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57314 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- NADI P.S. District- Bhagalpur ====================================================== Futus Yadav Son Of Umesh Yadav Resident Of Village- Barbighi, P.S.- Fulaut, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 341, 385, 387, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, while the informant's tractor driver and other farmers were working in their field in the meantime, the petitioner along with other co-accused persons came and demanding ransom of rupees five lakh. On protest, the accused persons abused them and also opened fire upon them. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.57314 of 2022(2) dt.18-01-2023 2/2 ransom demand has not been executed and nothing consistent evidence against the petitioner. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. There is no specific allegation against the petitioner of opened fire and which also did not hit anyone. It is further submitted that the petitioner is languishing in judicial custody since 5.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nadi P.S. Case No. 11 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Naugachia, District-Bhagalpur. (Sunil Kumar Panwar, J) shubham/- U T