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2025 DAILYLAW 91244 (PAT)

Birha Yadav @ Bibhash Yadav v. The State of Bihar

CR. MISC./90206/2024 · 2025-02-14

Ramesh Chand Malviya

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90206 of 2024 Arising Out of PS. Case No.-84 Year-2020 Thana- KURSAILA District- Katihar ====================================================== Birha Yadav @ Bibhash Yadav S/o Late Pulkit Yadav R/o Village_ latra, P.S. - Gopalpur, DIstt. - Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr.Binod Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 14-02-2025 Heard learned counsel appearing on behalf of the parties. 2. The petitioner seeks bail in connection with Kursela P.S. Case No.84 of 2020 registered for the offence under Sections 447, 341, 323, 307, 147, 148, 149, 379 of the Indian Penal Code and Section 27 of the Arms Act. 3. Allegation against the petitioner is to have assaulted the informant by means of lathi, danda, etc. It is also alleged that firearms injury also caused to the informant by this petitioner. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that allegation as Patna High Court CR. MISC. No.90206 of 2024(2) dt.14-02-2025 2/2 regard to assault against this petitioner is general and omnibus in nature and specific allegation as regard causing firearm injury is against other co-accused, namely, Chhote. It is also submitted that other similarly situated co-accused persons have already been granted bail by different learned co-ordinate Benches of this Court through Cr. Misc. No.23980 of 2023 on 18.05.2023 and Cr. Misc. No.24739 of 2023 on 22.05.2023. It is further submitted that petitioner is in custody since 30.11.2023. 5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6. Considering the facts that specific allegation as regard causing firearm injury is against other co-accused, namely, Chhote and so far as the allegation against the petitioner is concerned in general and omnibus, let the petitioner, above named, is directed to be released on bail in connection with Kursela P.S. Case No. 84 of 2020 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Vth, Katihar. Sunnykr/- (Ramesh Chand Malviya, J) U