Maharana Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18899 of 2024 Arising Out of PS. Case No.-84 Year-2020 Thana- KURSAILA District- Katihar ====================================================== Maharana Yadav, Male, aged about 27 years, SON OF Fulo Yadav @Phuleshwar Yadav RESIDENT OF VILLAGE- NAVTOLIYA SADHUA, RANGRA CHOW, PS- GOPALPUR, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Pandey For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Kursela P.S. Case No.84 of 2020 registered for the offence under Sections 447, 341, 323, 307, 147, 148, 149, 379 of the Indian Penal Code and Section 27 of the Arms Act. 3.

Allegation against the petitioner is to have assaulted the informant by means of lath, danda, etc. It is also alleged that firearms injury also caused to the informant by this petitioner.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that allegation as

Patna High Court CR. MISC. No.18899 of 2024(2) dt.21-03-2024 2/2 regard to assault against this petitioner is general and omnibus in nature and specific allegation as regard causing firearm injury is against other co-accused, namely, Chhote. It is also submitted that other similarly situated co-accused persons have already been granted bail by different learned co-ordinate Benches of this Court through Cr. Misc. No.23980 of 2023 on 18.05.2023 and Cr. Misc. No.24739 of 2023 on 22.05.2023. It is further submitted that petitioner is in custody since 03.08.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Kursela P.S. Case No.84 of 2020 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar.

(Ramesh Chand Malviya, J) S.Katyayan/- U T