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Patna High CourtCR. MISC./19850/2023bail granted

Vikash Yadav v. The State Of Bihar

2023-05-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19850 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== VIKASH YADAV, Son of Jawahar Yadav, R/V- Tikarampur, P.S- Muffasil, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 381 of 2022 (arising out of Kasim Bazar) P.S. Case No. 171 of 2022 dated 24.06.2022 registered for the offences punishable u/ss 341 and 307 read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.

As per the prosecution case, the informant has alleged that three accused persons boarded on two motorcycles

Patna High Court CR. MISC. No.19850 of 2023(2) dt.22-05-2023 2/3 confronted the informant. As a result of firing resorted to by the accused persons Amarjit Yadav, Dharamvir Yadav and Golki @ Sushant Yadav, the informant sustained gun shot injuries. It is further alleged that the other accused persons also resorted to firing.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case during the course of investigation. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 17.05.2023 passed in Cr. Misc. No. 21469 of 2023. The petitioner has got one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 26.06.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner and submitted that injury is grievous in nature caused by arms.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.19850 of 2023(2) dt.22-05-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Munger in connection with S.T. No. 381 of 2022 (arising out of Kasim Bazar) P.S. Case No. 171 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T