Budi Yadav @ Sudu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86524 of 2024 Arising Out of PS. Case No.-284 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Budi Yadav @ Sudu Kumar, (M), aged about 21 years, Son of Ashok Yadav, Resident of village - Sherpur, Tola - Lalganj, P.S.- Chandauti, Dist.- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agarwal, Sr. Advocate and Mr. Prithivi Raj Singh, Advocate For the Opposite Party :

Mrs. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-07-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Chandauti P.S. Case No. 284 of 2024 dated 30.07.2024 registered for the offences punishable under Sections 126(2), 115(2), 109 of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, on 30.07.2024 at about 4.00 A.M., the petitioner is alleged to have fired on the husband of the informant, due to which, he received injury. The reason behind the occurrence is that there was love affair between the petitioner and the daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.86524 of 2024(5) dt.14-07-2025 2/3 this case. It is further submitted that the petitioner has no concern with the alleged offence. It is further submitted that actually there was dispute between the husband of the informant Akhilesh Yadav and the petitioner due to love affair between the petitioner and the daughter of the informant. There is no eye witness to the alleged offence. No incriminating article has been recovered from the possession of the petitioner. The charge sheet has been submitted against the petitioner. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 05.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has further submitted that the petitioner is named in the F.I.R. There is direct allegation against the petitioner for firing on the husband of the informant, due to which, he received grievous injury. The doctor has also examined the injured, Akhilesh Yadav and has opined the injury is grievous in nature.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.86524 of 2024(5) dt.14-07-2025 3/3 the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Chandauti P.S. Case No. 284 of 2024 with further conditions:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

(II). The petitioner is directed to co-operate in the trial.

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T