Saurabh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65376 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- NADI P.S. District- Bhagalpur ====================================================== Saurabh Yadav Son of Nand Kishor Yadav R/v- Bhawanpura, P.S.- Nadi, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the petitioner and coaccused are alleged to have shot the informant's son Niraj Kumar dead while he was sleeping besides the informant on the

Patna High Court CR. MISC. No.65376 of 2022(2) dt.13-03-2023 2/3 issue of not providing milk and the informant saw that all the accused were armed with weapons and co-accused Mausam Yadav warned him to be silent. Sonu Rai and Congress Yadav were also slept beside the son of the informant. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is accused in one case as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner. The petitioner is in custody since 18.07.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 concerned, Bhagalpur in connection with Nadi P.S. Case No. 02 of 2022, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.65376 of 2022(2) dt.13-03-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) Arish/- U T