Patna High CourtCR. MISC./76908/2023bail granted

Achhay Yadav @ Akshay Yadav v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76908 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Achhay Yadav @ Akshay Yadav S/O Vinod Yadav Village- Ujara Yadav,Ps. Uchkagawn, Dist. Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Unchkagaon P.S. case No. 185 of 2023 instituted for the offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that owing to land dispute the accused persons, variously armed and covering their face, came to the shop of the informant and shot fire upon him and fled away.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.08.2023 and has 07 criminal antecedents. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.76908 of 2023(2) dt.04-12-2023 2/2 present case. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of coaccused. There is no injury report on record to show that informant sustained any injury.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Unchkagaon P.S. case No. 185 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T