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Patna High CourtCR. MISC./6147/2024bail granted

Yuvraj Kumar @ Sonu Kumar v. The State Of Bihar

2024-03-01Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6147 of 2024 Arising Out of PS. Case No.-263 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Yuvraj Kumar @ Sonu Kumar, aged about 18 years, Gender-Male, son of Rajeev Kumar Singh, Resident of Zemra, Police Station-Barauni, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Teghra P.S. Case No. 263 of 2022 registered for an offence punishable under Sections 120(B) and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, it is a case of assault with intention to kill.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that petitioner is not named in the FIR and there is no specific allegation of fire arm against this petitioner rather there is general and omnibus allegation against two unknown persons.

Patna High Court CR. MISC. No.6147 of 2024(2) dt.01-03-2024 2/3 Petitioner is in custody since 17.09.2022.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. From perusal of the first information report and impugned order dated 07.12.2023, it appears that the name of the petitioner came on the basis of confessional statement of petitioner in another case, i.e., Barauni (Chakiya) P.S. Case No. 438 of 2022 as stated in para-7 of the petition. It also appears that the investigation is concluded the chargesheet has already submitted by the concerned investigating officer, in these circumstances, I am inclined to grant bail to the petitioner.

7. Accordingly, let the above named petitioner be released on bail after framing of the chargesheet on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Teghra P.S. Case No. 263 of 2022.

8. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No.6147 of 2024(2) dt.01-03-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of trial.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T