Patna High CourtCR. MISC./6473/2024bail granted

Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar

2024-02-17Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6473 of 2024 Arising Out of PS. Case No.-454 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Mukesh Yadav @ Mukesh Kumar Yadav, Age about 35 years, (M), S/O Satyanarayan Yadav R/O Village- Salempur, P.S- Ara Mufassil (Dhobaha Op), Distt.- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Ara Muffasil (Dhobaha OP) P.S. Case No. 454 of 2023 registered for an offence punishable under Sections 307/34 of the IPC and Sections 27, 25(-b)a, 26 and 35 of the Arms Act.

3. As per allegation in the FIR, a firing was shot upon the informant and also some arms were recovered from the accused persons.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and there is no specific allegation against him and the seized arms does not belong to the petitioner. Petitioner is in judicial custody since

Patna High Court CR. MISC. No.6473 of 2024(2) dt.17-02-2024 2/2 28.10.2023.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. On perusal of the FIR, seizure list and impugned order, it appears that one country made pistol was recovered from the possession of the petitioner and there is no allegation of assault against him and considering the period of custody, so I am inclined to grant bail to the petitioner. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-7th, Bhojpur at Ara in connection with Ara Muffasil (Dhobaha OP) P.S. Case No. 454 of 2023.

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