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Patna High CourtCR. MISC./75395/2024allowed

Baburam Yadav v. The State Of Bihar

2025-01-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75395 of 2024 Arising Out of PS. Case No.-625 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Baburam Yadav S/O Jichho Yadav R/O Village- Badi Kothia, P.S- Muffasil, District.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. B.N Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Sessions Trial No. 104 of 2024 (arising out of Khagaria (Muffasil) P.S. Case No. 625 of 2021) registered for the offence punishable under Sections 307, 341 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner open fired on the informant due to which he received injury in his left arm. From perusal of the F.I.R. itself, it is clear that the fire which was made by the petitioner has hit the left arm.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.75395 of 2024(5) dt.22-01-2025 2/2 case. It has also been submitted by the learned counsel for the petitioner that co-accused Jichho Yadav, who was having same nature of the allegation has been granted bail by the coordinate Bench of this Court vide order dated 14.03.2023 in Criminal Miscellaneous No. 56420 of 2022. Petitioner is languishing in judicial custody since 13.02.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Khagaria in connection with Sessions Trial No. 104 of 2024 (arising out of Khagaria (Muffasil) P.S. Case No. 625 of 2021).

(Ashok Kumar Pandey, J) Anushka/- U T