← Library
Patna High CourtCR. MISC./71872/2023allowed

Budul Yadav v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71872 of 2023 Arising Out of PS. Case No.-75 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== Budul Yadav Son Of Late Sah Dev Yadav R/O Village - Birbanna, P.S.- Bhawanipur, Distt.- Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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. The prosecution case in nutshell is that son of informant was sitting at his door, in the meantime, petitioner along with other co-accused came and petitioner fired due to which informant's son sustained injuries.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.71872 of 2023(2) dt.07-11-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. From the perusal of injury report of the informant's son, it appears that he sustained 2 injuries and doctor opined the injuries as simple in nature, caused by firearm. Moreover, the petitioner is languishing in judicial custody since 16.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Bihpur (Bhawanipur) P.S. Case No. 75 of 2019 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 3rd

Patna High Court CR. MISC. No.71872 of 2023(2) dt.07-11-2023 3/3 Additional Sessions Judge, Naugachia, Bhagalpur. (Sunil Kumar Panwar, J) Nirajkrs/- U T