Amit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82197 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Amit Yadav S/O Shivji Yadav Resident Of Kupariya, Ward No. 01, Nagar Parishad Triveniganj, P.S. Triveniganj, Dist.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Goutam, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 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. 81 of 2023, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner is that he has fired upon informant's uncle from his pistol due to which he died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no overt act alleged against the petitioner save and except that petitioner was at the place of occurrence with pistol but there is no complicity of petitioner in
Patna High Court CR. MISC. No.82197 of 2023(2) dt.09-01-2024 2/2 the said happening. The main allegation of firing is on coaccused Pappu Yadav who fired upon Shobhakant Yadav @ Sanjay Yadav by his pistol. Petitioner has two criminal antecedents. Learned counsel also submits that petitioner is in jail custody since 20.07.2023 after surrendered before Court below. It is also submitted that charge has already been framed in this case and there is no chance of absconding of the petitioner or tampering with the evidence.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1st, Supaul in connection with Triveniganj P.S. Case No. 81 of 2023. (Sunil Dutta Mishra, J) ashutosh/- U T