Achhelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4269 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== ACHHELAL YADAV S/o- Late Tarni Yadav R/o Village - Kanjari, P.S.- Beldour, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-04-2023 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 Beldour P.S. Case No. 132 of 2022, registered for the offences punishable under Sections 307/34 of I.P.C. and section 27 of the Arms Act.

At the very outset, the learned counsel for the petitioner has submitted that the petitioner is not the assailant. The FIR itself shows that petitioner caught hold of the informant and Pintu Yadav made him injured by fire-arms. He has submitted further that injuries are simple in nature. There is land dispute between the parties. The petitioner is a person of clean antecedent and is under custody since 18.07.2022.

Patna High Court CR. MISC. No.4269 of 2023(2) dt.27-04-2023 2/2 On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, 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 Judicial Magistrate, 1st Class, Khagaria in connection with Beldour P.S. Case No. 132 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) Kundan/Nirmal U T