Patna High CourtCR. MISC./63295/2023bail granted

Umesh Yadav v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63295 of 2023 Arising Out of PS. Case No.-285 Year-2015 Thana- KONCH District- Gaya ====================================================== Umesh Yadav, Son of Late Raghu Yadav, Resident of Village- Khaire, P.S.- Konch, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manisha Prakash, Advocate.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case in short is that the accused persons shot at the younger brother of the informant, owing to which he died.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.01.2016. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the FIR. The petitioner has falsely been implicated in the present case. The name of this petitioner transpired in the present case on the basis of

Patna High Court CR. MISC. No.63295 of 2023(2) dt.10-10-2023 2/2 suspicion. Except for this, there is no other substantive evidence to suggest his implication in the present case.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Konch P.S. Case No. 285 of 2015.

7. The petitioner shall co-operate during the trial and shall be present on each and every date fixed by the Court below and on his absence on two consecutive dates without sufficient reason, the Court below will be at liberty to cancel his bail bond. (Sudhir Singh, J) annu/- U T