Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14248 of 2024 Arising Out of PS. Case No.-809 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== MUNNA YADAV S/O Mr. CHHOTELAL YADAV R/O VILLAGEDUMARI, PS.- MAJHOLIA, DIST.- WEST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Majholia P.S. case No. 809 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

3. Prosecution case, in short, is that the accused persons including this petitioner assaulted the brother of the informant. It is further alleged that the co-accused Chhote Lal Yadav fired on the brother of the informant and due to which he sustained injury and died on the way to hospital.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.14248 of 2024(2) dt.07-03-2024 2/3 Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of firing has been made agaisnt the co-accused Chhote Lal Yadav. Learned counsel further submitted that on perusal of the post-mortem report, it appears that only one gunshot injury was found and even the said entry wound did not contain any charring or blackening or tattooing which shows that bullet was not fired from close range and this falsifies the prosecution story. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.09.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no direct allegation, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.14248 of 2024(2) dt.07-03-2024 3/3 below/concerned Court in connection with Majholia P.S. case No. 809 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T