Pradeep Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79517 of 2023 Arising Out of PS. Case No.-298 Year-2019 Thana- GOGRI District- Khagaria ====================================================== PRADEEP YADAV Son of Late Shankar Yadav R/o vill - Goraiya Bathan, P.s. - Gogari, Dist. - Khagaria Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Kashyap For the Opposite Party/s :
Mr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for grant of regular bail in a case registered for the offence punishable under sections 307, 429,34 of the Indian Penal Code and section 27 of the Arms Act.
3. Earlier petitioner was granted anticipatory bail by this Court vide order dated 24.01.2022 passed in Cr. Misc. No. 25924 of 2021 but he could not furnish bail bond within stipulated time of four weeks.
4. As per allegation in the FIR, while the son of the informant was feeding his cattle, accused persons surrounded him and accused Ajay Yadav opened hire which
Patna High Court CR. MISC. No.79517 of 2023(2) dt.11-12-2023 2/3 hit his left thigh. Arun Yadav opened fire which hit the cow resulting into sopt death of cow. Accused Bikram Yadav opened fire which hit Saurav Yadav. Thereafter they made indiscriminate firing at the house of Niwas Yadav.
5. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of firing is against other accused persons and not against the petitioner. Petitioner is a man of fair antecedent. During investigation nothing has come against the petitioner to show his complicity in the present case. Several accused persons have already been enlarged on bail by this Court vide order dated 24.1.2022 passed in Cr. Misc. No. 25924 of 2021. Petitioner is languishing in judicial custody since 14.08.2023.
6. The application for bail is opposed by learned APP for the State.
7. 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)
Patna High Court CR. MISC. No.79517 of 2023(2) dt.11-12-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII, Khagaria in connection with Gogari PS Case No. 298 of 2019. (Sunil Kumar Panwar, J) sushma/- U