Patna High CourtCR. MISC./76206/2023bail granted

Umesh Prasad Yadav @ Umesh Yadav v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76206 of 2023 Arising Out of PS. Case No.-272 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== UMESH PRASAD YADAV @ UMESH YADAV S/O LATE RUPAN YADAV R/O VILLAGE- THEKHI, P.S- FATEHPUR, DISTT.- GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Fatehpur P.S. Case No. 272 of 2023 registered for the offence under Sections 353, 307, 34 of the Indian Penal Code and under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, the police, on confidential information has raided a brick kiln from which the petitioner and other accused persons were caught and one country made pistol was recovered from them.

4. Learned senior counsel for the petitioner Shri Krishna Prasad Singh submits that the petitioner is innocent and has falsely been implicated in this case as the petitioner is sufferer at the hands of the police and out of ten cases which are

Patna High Court CR. MISC. No.76206 of 2023(3) dt.10-01-2024 2/2 registered against the petitioner, four cases are registered under the SC/ST Act and in three cases the petitioner is already acquitted.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 13.04.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and the period of custody, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, X, Gaya in connection with Fatehpur P.S. Case No. 272 of 2023.

9. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Fatehpur Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Vikas/- U T