Baleshwar Yadav @ Bleshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.860 of 2022 Arising Out of PS. Case No.-69 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== Baleshwar Yadav @ Bleshwar Yadav Son Of Late Tanuk Lal Yadav Resident Of Village- Chhoti, Bandehra, P.S- Pasraha, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 307, 385 and 506 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 27.11.2020, charge-sheet has been submitted and is a person with antecedent of two cases. The informant alleges that his brother (petitioner) fired causing injury on his hand. Further, the accused person again came and demanded extortion of Rs.2,00,000/- (Rupees Two Lakh). Further, the informant was under treatment for eight days.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on account of land dispute between the brothers. The date of

Patna High Court CR. MISC. No.860 of 2022(2) dt.23-05-2022 2/2 occurrence is 11.07.2020 and the F.I.R. came to be instituted on 27.06.2020 and if the informant was under treatment in a hospital and it was a case of fire arm injury, then why no F.I.R. came to be instituted or why the police did not record his fardbeyan at the hospital. This amply demonstrate that the petitioner has been falsely implicated in the present case. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.11.2020, charge-sheet has been submitted and there is inordinate delay in instituting F.I.R. and taking into consideration the submissions made by learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Case No. 96 of 2021 arising out of Pasraha P.S. Case No. 69 of 2020, G.R. No. 2175 of 2020. (Satyavrat Verma, J) Ankit/- U