Bashishth Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73418 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== BASHISHTH YADAV Son of Ratilal Yadav R/V- Mali, P.S- Beldaur, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Beldaur P.S. Case No. 153 of 2022 dated 19.07.2022 registered for the offences punishable under sections 341, 323, 447, 307, 504 and 506 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner and the coaccused persons along with other family members are alleged to have abused with intent to grab the land of the informant. In the meantime, the petitioner fired from the country made pistol on

Patna High Court CR. MISC. No.73418 of 2022(2) dt.06-04-2023 2/2 the brother of the informant with intent to kill but he managed to escape.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that no fire arm was recovered from the conscious possession of the petitioner. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Beldaur P.S. Case No. 153 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T