Bhola Yadav @ Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69132 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- SANJHOLI District- Rohtas ====================================================== Bhola Yadav @ Bhola Singh S/O Laxman Singh R/O Village- Nasariganj Sikaria, P.S- Karakat, Distt.- Rohtas At Sasaram. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per allegation in the FIR, two motorcycle borne miscreants fired upon the informant due to which he sustained fire arm injury.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the

Patna High Court CR. MISC. No.69132 of 2023(2) dt.02-11-2023 2/3 petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. His name sprang up in this case on the confessional statement of co-accused Biklesh Chaudhary @ Mithilesh Chaudhary. Petitioner has not been put on T.I.P. Moreover, the petitioner is languishing in judicial custody since 13.03.2023. Similarly situated co-accused Biklesh Chaudhary @ Mithilesh Chaudhary has already been granted Bail vide order dated 25.08.2023, passed in Cr. Misc. No. 51610 of 2023 by this Court.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sanjhauli P.S. Case No. 147 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.69132 of 2023(2) dt.02-11-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas.

(Sunil Kumar Panwar, J) Nirajkrs/- U T