Pawan Yadav @ Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81890 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- KHARIK District- Bhagalpur ====================================================== Pawan Yadav @ Pawan Kumar Yadav Son of Naresh Yadav Resident of Village - Jamaldipur, Police Station - Kharik, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Kharik P.S. Case No. 195 of 2024 instituted for the offence under Sections 191(2), 191(3), 190, 308(2), 308(5), 303(2), 109 & 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3.

Prosecution case in short is that all the FIR named persons, including the petitioners came to the Lattipur Chowk and looted Rs. 32,500/- from Fulo Mandal & Rs. 7,000/- from Sudhir Singh and Rs. 42,000/- from the informant and made indiscriminate firing for several rounds.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.81890 of 2024(3) dt.19-02-2025 2/3 that the petitioner is in custody since 20-09-2024. Petitioner bears two criminal antecedents whereas petitioner No.2 bears one criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No specific allegation has been attributed to the petitioner. Since petitioner and villagers are co-villagers, hence due to village politics and personal grudges, informant has named this petitioner. Petitioner has no concern with accused, namely, Pappu Yadav and Sakla Yadav and he is simply milkman. Police after investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner, be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kharik P.S. Case

Patna High Court CR. MISC. No.81890 of 2024(3) dt.19-02-2025 3/3 No. 195 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T