Patna High CourtCR. MISC./50337/2017allowed

Beyas Yadav @ Beyas Chaudhary v. The State Of Bihar

2017-10-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50337 of 2017 ====================================================== Beyas Yadav @ Beyas Chaudhary, S/o Nandji Yadav @ Nand Lal Chaudhary, resident of Village- Mishrawali Tola, P.S.- Mirganj, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suman Kumar Verma, Advocate. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Phulwariya P.S. Case No. 20 of 2016 registered under Sections 307, 353 and 427/34 of the Indian Penal Code and Section 27 of the Arms Act. 7-8 Gypsy borne unknown miscreants are said to have resorted indiscriminate firing upon the police vehicle inflicting injuries to four police personnel including the informant. It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor was apprehended on the spot. He has been falsely implicated in the case. The allegation levelled against the petitioner is not specific rather omnibus in nature. There is nothing in the record indicating

Patna High Court Cr.Misc. No.50337 of 2017 (2) dt.18-10-2017 2/2 the complicity of the petitioner in the occurrence except confessional statement of Subhawati Devi and Lal Bahadur Yadav which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 03.07.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIII, Gopalganj in connection with Phulwariya P.S. Case No. 20 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T