Bivash Kumar Yadav @ Bibhash Kumar Yadav @ Viviya @ Viviy @ Kiviya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78179 of 2024 Arising Out of PS. Case No.-573 Year-2023 Thana- Kharagpur District- Munger ====================================================== Bivash Kumar Yadav @ Bibhash Kumar Yadav @ Viviya @ Viviy @ Kiviya Son of Late Rajendra Yadav Resident of Paschim Ajimganj @ West Azimganj, P.S.- Kharagpur, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jainandra Kumar, Advocate For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Kharagpur P.S. Case no. 573 of 2023 registered under sections 307, 379, 333, 353, 511 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that three named accused persons including the petitioner herein as also 6-7 others indulged in theft. It is further stated that on being confronted, the petitioner fired upon the informant causing injuries on his temple.
Patna High Court CR. MISC. No.78179 of 2024(3) dt.10-01-2025 2/3
4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 12.3.2024 (Annexure-P/1) passed in Cr. Misc. no. 14477 of 2024 with liberty to the petitioner to renew his prayer for bail on completing one year in custody or after framing of charge, whichever is later. The petitioner is in custody since 19.9.2023 and charge has been framed in the learned trial Court on 11.12.2024.
5. The application for bail is opposed by learned APP for the State.
6. A report was called for from the learned trial Court. As per report received contained in letter dated 19.12.2024, charge has been framed against the petitioner on 11.12.2024.
7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the liberty granted in the earlier order of rejection dated 12.3.2024, the petitioner having remained in custody for more than one year since 19.9.2023 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Kharagpur P.S. Case no. 573 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.78179 of 2024(3) dt.10-01-2025 3/3 satisfaction of learned Additional District and Sessions Judge-V, Munger.
(Partha Sarthy, J) Harsh/- U T