Lal Das Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84107 of 2019 Arising Out of PS. Case No.-321 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Lal Das Yadav Son of Late Khajuri Yadav Resident of Village - Gyanchak, P.S.- Chandi, Dist.- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party :

Mr.Md. Mushtaque Alam For the Informant :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Udwantnagar P.S. Case No. 321 of 2019 for the offence registered under Sections 341, 323, 379, 307/34 of the Indian Penal Code and under Section 27 of the Arms Act. The allegation is regarding the accused persons having caught hold of the informant, whereafter the petitioner is stated to have fired from his country made pistol on the informant resulting in the informant receiving injury in his abdomen.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody

Patna High Court CR. MISC. No.84107 of 2019(3) dt.18-03-2020 2/2 since 13.09.2019. It is further submitted that this Court may consider granting privilege of regular bail to the petitioner herein after a lapse of some more period in custody. The learned counsel for the informant has opposed the prayer for bail of the petitioner and has submitted that it would be proper to release the petitioner only after completion of one year in custody.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner, immediately upon completion of a period of three months in custody from today in connection with Udwantnagar P.S. Case No. 321 of 2019 pending before the court of learned C.J.M. Bhojpur at Ara, subject to such conditions as may be deemed fit and proper to be imposed by the learned Court below.

The petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) K.K.RAO/- U T