Brajesh Yadav @ Brajesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81415 of 2023 Arising Out of PS. Case No.-567 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Brajesh Yadav @ Brajesh Kumar Yadav, Son of Sachitanand Yadav, Resident of Village Laharnia, Police Station - Triveniganj, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Triveniganj P.S. Case No. 567 of 2022 for the offences registered under Sections 148, 149, 447, 326, 307, 323, 341, 324, 379 of the Indian Penal Code and Section 27 of Arms Act. Later on Section 302 of the Indian Penal Code has been added.
3. Allegation against the petitioner along with coaccused Indresh Yadav @ Indresh Kumar Yadav is that they fired upon the cousin brother of the informant due to which he sustained injury and during course of treatment he died.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Allegation of firearm injury is not supported by the post-mortem report.
Patna High Court CR. MISC. No.81415 of 2023(2) dt.08-01-2024 2/2 Doctor has stated that the injury is caused by hard and blunt object. Petitioner has no criminal antecedent. He is in judicial custody since 17.01.2023. It is further submitted that similarly situated co-accused, namely Indresh Yadav @ Indresh Kumar Yadav has been granted bail by a co-ordinate Bench of this Court, vide order dated 10.10.2023 passed in Cr. Misc. No. 58451 of 2023.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Triveniganj P.S. Case No. 567 of 2022. (Sunil Dutta Mishra, J) rakhi/- U T