Patna High CourtCR. MISC./84019/2023bail granted

Bikash Yadav v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84019 of 2023 Arising Out of PS. Case No.-351 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== BIKASH YADAV S/O SAMANJAY YADAV VILLAGE- TILKESHWAR, PS. KUSHESHWAR ASTHAN,DIST. DARBHANGA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kusheshwar Asthan (Tilkeshwar O.P.) P.S. Case No. 351 of 2022 registered for the offence under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the accused persons came armed and fired indiscriminately. Subsequently, on the orders of Shankar Yadav and Khalat Yadav one firing was made which hit the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics.

5. It has further been submitted by the learned counsel for the petitioner that other co-accused namely Shyam Yadav has already been granted bail by this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 41261 of 2023.

Patna High Court CR. MISC. No.84019 of 2023(2) dt.10-01-2024 2/2

6. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 24.08.2023.

7. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

8. Considering the aforesaid facts and also considering the reasons mentioned in the order dated 21.07.2023 passed in Cr. Misc. No. 41261 of 2023, this application is allowed.

9. Let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate/concerned Court below in connection with Kusheshwar Asthan (Tilkeshwar O.P.) P.S. Case No. 351 of 2022.

10. As a condition of this order, the petitioner, on being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on the dates fixed for hearing.

(Sandeep Kumar, J) Vikas/- U T