Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74409 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- SINDHIYA District- Samastipur ====================================================== BABLOO YADAV SON OF ASHOK YADAV @ ASHO YADAV VILLAGE -BASUA P.S- SINGHIYA, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Prasad Yadav For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Singhiya P.S Case No. 131 of 2023 registered for the offences punishable under Sections 290, 307/34 of the Indian Penal Code and 27 of the Arms Act.

3. As per allegation in the FIR, three persons including the petitioner along with Anil Yadav and Sanjay Chaupal entered into the marriage ceremony programme. In the meantime, the petitioner showing his alleged pistol from his wrist which Pankaj Chaupal and Anil Yadav tried to snatched the pistol in which hot

Patna High Court CR. MISC. No.74409 of 2023(3) dt.21-02-2024 2/3 exchange between Anil Yadav and the said hooters was made in the circumstances one of the family members of the informant became annoyed and the pistol was fired and Anil Yadav was injured.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner has no criminal antecedent. It is also submitted that petitioner is in judicial custody since 31.05.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Rosera, Samastipur in connection with Singhiya P.S Case No.

Patna High Court CR. MISC. No.74409 of 2023(3) dt.21-02-2024 3/3 131 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Guddu/- U T