Aditya Kumar @ Aditya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69010 of 2024 Arising Out of PS. Case No.-299 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== Aditya Kumar @ Aditya yadav Son of Chhote Yadav @ Narendra yadav R/O Vill.- Ujay, P.S.- Daraunda, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 109/3(5) pf BNS & Section 27 of the Arms Act.
3. The case of the prosecution is that the son of the informant namely, Anshu Kumar has gone to distribute the marriage card of his sister, as he reached near Daraunda railway gate, he found that three persons on a bike arrived, one of them was Aditya Yadav and two were unknown miscreants. It is also alleged that one fire was made which did not hit the son of the
Patna High Court CR. MISC. No.69010 of 2024(4) dt.18-01-2025 2/3 informant then other fire was also made which hit the cheek of the informant's son.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that in this case, informant is not the eye witness and he has not disclosed as to who has told him about the occurrence. During investigation, police has recorded the statement of the injured witness. From the perusal of the order of the trial court, it transpires that the injured witness namely, Anshu Kumar has stated that the petitioner was only a liner and there is no allegation of firing against this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 11.07.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Daraunda P.S. Case No. 299 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.69010 of 2024(4) dt.18-01-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan.
(Ashok Kumar Pandey, J) Sudhanshu/- U T