Milan Kumar @ Milan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12592 of 2023 Arising Out of PS. Case No.-456 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== Milan Kumar @ Milan Yadav Son Of Late Ganesh Yadav R/O VillageHaripur Kala, Ward No.7, P.S.- Murliganj, District- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 379, 325, 307, 504, 506/34 of the Indian Penal Code and later on Section 302 of Indian Penal Code was added.

The prosecution case in nutshell is that informant was having verbal altercation with the petitioner. In the meanwhile, petitioner along with coaccused persons started assaulting the informant by means of lathi-danda and iron rod due to which

Patna High Court CR. MISC. No.12592 of 2023(2) dt.24-04-2023 2/3 informant When the mother and father of the informant came to his rescue, they were also assaulted by them. It is further alleged that accused persons snatched Silver chain worth Rs. 3,500/- from the neck of mother of informant. During the course of treatment, informant's mother, namely, Mano Devi succumbed to injuries. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. It is also submitted that petitioner is languishing in judicial custody since 14.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.12592 of 2023(2) dt.24-04-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Murliganj P.S. Case No. 456 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Madhepura. (Sunil Kumar Panwar, J) Nirajkrs/- U T