Avinash Yadav @ Bucho Yadav @ Buchho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74889 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- BARAHAT District- Banka ====================================================== AVINASH YADAV @ BUCHO YADAV @ BUCHHO YADAV S/o Sanjay Yadav R/o Village- Fulhara, P.S.- Barahat, Distt- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Barahat P.S. Case No. 72 of 2022, registered for the offences punishable under Sections 341/323/385/324/307/504/34 of the Indian Penal Code.

As per allegation, co-accused Sanjay Yadav demanded money from the brother of the informant. On denial, the accused persons including the petitioner surrounded him and co-accused Sanjay Yadav fired shot which hit at the stomach of brother of the informant.

Learned counsel for the petitioner has submitted that there is no allegation on the petitioner to open fire nor there is allegation of demanding money from the brother of the informant

Patna High Court CR. MISC. No.74889 of 2022(2) dt.29-03-2023 2/2 against the petitioner. He has submitted further that co-accused Sanjay Yadav has been granted bail vide order dated 28.02.2023 in Cr. Misc. No. 58232 of 2022.

Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Court of C.J.M, Banka in connection with Barahat P.S. Case No. 72 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T