Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15799 of 2022 Arising Out of PS. Case No.-480 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== MUKESH YADAV Son of Late Ramadhar Yadav R/o vill.- Sihma, P.S.- Bithan, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Rina Sinha For the State : Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-07-2022 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 APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307/34 of the Indian Penal Code.

Allegation against the petitioner is that he fired which hit on the right palm of the informant and blood was oozing out and other co-accused person also fired which hit on the palm just below the little finger of the informant. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.15799 of 2022(2) dt.14-07-2022 2/3 the petitioner is innocent and has falsely been implicated in this. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in three other criminal cases out of which Bithan P.S. Case No. 8/18 lodged against him by the informant of this case. There is delay in lodging the F.I.R .Learned counsel further submitted that charge-sheet has also been submitted and there is no chance of tempering evidences. One of the co-accused persons has already also been granted provisional bail vide order dated 23.09.2019 by Cr. Misc. No. 59775 of 2019.The petitioner is in custody since 13.04.2021.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court of Sri Satish Kumar Jha, Addl, Session Judge 8th Begusarai, in connection with S.Tr. No. 33/2022 arising out of Barauni (Chakia) P.S. Case No. 480 of 2018, with a condition:-

1. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.15799 of 2022(2) dt.14-07-2022 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner will liable to be cancelled. The application stands allowed.

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