Yalu @ Kalu @ Bhalu @ Avinash Kumar @ Bhalu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88232 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- ALIPUR District- Gaya ====================================================== Yalu @ Kalu @ Bhalu @ Avinash Kumar @ Bhalu Sharma S/O Bhrignandan Sharma @ Bhrigunandan Sharma R/O Village- Bataspur, P.S- Paras Bigha, Distt.- Jehanabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Singh, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Alipur P.S. Case No.46 of 2024 lodged under Sections 341, 342, 307, 504, 506 and 34 of the I.P.C. read with Sections 25(1-b)a/ 26/27/35 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against three named and seven unknown accused persons against whom there is allegation of indiscriminate firing upon the informant and three empty cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that due to political rivalry, his name has figured in this case as

Patna High Court CR. MISC. No.88232 of 2024(2) dt.18-01-2025 2/3 the election dispute was going on between his supporter and the informant.

5. Counsel further submits that petitioner is in custody since 12.06.2024 having one criminal case pending against him in which he is on bail and charge-sheet has already been filed in this case. He further submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

6. Counsel also submits that the other co-accused persons have been granted bail by this Court vide order dated 05.12.2024 passed in Cr. Misc. No. 70977/2024 and vide order dated 27.05.2024 passed in Cr. Misc. No. 38859/2024.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IXth, Gaya in connection with Alipur P.S. Case No.46

Patna High Court CR. MISC. No.88232 of 2024(2) dt.18-01-2025 3/3 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

9. The detail of the case which is pending against the petitioner, are as follows:- i. Alipur P.S. Case No.25 of 2019.

(Dr. Anshuman, J.) Prakashmani/- U T