Patna High CourtCR. MISC./72171/2023bail granted

Dinesh Yadav @ Jatha v. The State Of Bihar

2023-11-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72171 of 2023 Arising Out of PS. Case No.-282 Year-2021 Thana- DELHA District- Gaya ====================================================== Dinesh Yadav @ Jatha Son Of Suresh Yadav Resident Of Village - Chhotki Nawada, Sanjay Nagar, Police Station - Delha, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.514 of 2022 (arising out of Delha P.S Case no.282 of 2021) registered under sections 307, 341, 323, 325, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. The earlier application for bail of the petitioner was rejected vide order dated 9.1.2023 (Annexure P/1) passed in Cr. Misc. no.20318 of 2022.

4. As per the prosecution case, it is stated by the informant that five named accused persons including the petitioner came variously armed and as a result of indiscriminate firing and assault, persons were injured on the informant's side.

Patna High Court CR. MISC. No.72171 of 2023(2) dt.10-11-2023 2/2

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He is in custody since 16.12.2021 and while rejecting the application for bail vide order dated 9.1.2023, this Court had granted liberty to the petitioner to renew his prayer for bail after six months. It has been more than ten months since passing of the said order.

6. The prayer for bail is opposed by learned A.P.P for the State.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the submissions made on behalf of the petitioner, liberty granted in the earlier order of rejection dated 9.1.2023 and the petitioner having remained in custody for nearly two years since 16.12.2021, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.514 of 2022 (arising out of Delha P.S Case no.282 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge- XII, Gaya.

(Partha Sarthy, J) Shiv/- U T