Yalu @ Kalu @ Bhalu @ Avinash Kumar @ Bhalu Sharma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Yalu @ Kalu @ Bhalu @ Avinash Kumar @ Bhalu Sharma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner in connection with Alipur P.S. Case No.46 of 2024, after framing of charge (if not framed) and on the trial court being satisfied that the petitioner is not absconding in any pending case, on furnishing bail bonds of Rs.30,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IXth, Gaya, subject to conditions under Section 437(3) of Cr.P.C.

Issue for consideration

Whether the petitioner be granted 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.

Court's answer

Petitioner granted regular bail in connection with Alipur P.S. Case No.46 of 2024, conditional upon framing of charge (if not already framed) and upon the trial court being satisfied that the petitioner is not absconding in any of the cases pending against him.

Ratio / Principle

Bail to be 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, subject to the conditions laid down under Section 437(3) of Cr.P.C.

Detailed headnote1 paragraphs

Bail — Regular bail granted (Patna High Court, Dr. Anshuman, J., 18-01-2025) to Yalu @ Kalu @ Bhalu @ Avinash Kumar @ Bhalu Sharma in Alipur P.S. Case No.46 of 2024 (Sections 341, 342, 307, 504, 506 and 34 I.P.C. read with Sections 25(1-b)a/ 26/27/35 Arms Act; FIR against three named and seven unknown accused for indiscriminate firing; three empty cartridges recovered). Petitioner in custody since 12.06.2024; charge-sheet filed; one other criminal case pending (Alipur P.S. Case No.25 of 2019) in which he is on bail; co-accused already granted bail vide orders dated 05.12.2024 (Cr. Misc. No. 70977/2024) and 27.05.2024 (Cr. Misc. No. 38859/2024). Bail made conditional: after framing of charge, if not framed; satisfaction of trial court that petitioner is not absconding in any pending case; 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; subject to conditions under Section 437(3) Cr.P.C.

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

2 18-01-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

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.

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.

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.

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.

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.

Learned counsel for the State opposes the prayer

for bail.

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.

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/-

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