Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16655 of 2023 Arising Out of PS. Case No.-307 Year-2022 Thana- KOTWA District- East Champaran ====================================================== KUNDAN YADAV SON OF CHADRA KISHOR YADAV @ BHUNAS YADAV @ CHAIN KISHORE YADAV R/O VILLAGE- KONHAWA, TOLA- BETWA, P.S.- KOTWA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 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 Kotwa P.S. Case No. 307 of 2022 dated 26.7.2022 registered for the offences punishable u/s 307, 34 of the Indian Penal Code.

As per the prosecution case, the informant along with his grandson was sleeping in his house, suddenly two miscreants came on a motorcycle and fired on them. One bullet hit the knee of his grandson, he sustained injury. The informant has

Patna High Court CR. MISC. No. 16655 of 2023(2) dt.11-05-2023 2/2 identified the one accused as Kundan Kumar. The informant's grandson was treated at Mani Hospital, Motihari. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that as per the impugned order, the injury is on the non-vital part of the body of the grandson of the informant. The petitioner has got one more criminal case. The petitioner is in custody since 30.11.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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 the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Kotwa P.S. Case No. 307 of 2022.

The application stands allowed.

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