Munna Yadav @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38226 of 2021 Arising Out of PS. Case No.-660 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== MUNNA YADAV @ MUNNA KUMAR S/o Atama Yadav @ Atma Prasad R/O Village - Laxmipur Gadariya, P.S. - Turkauliya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection Turkauliya P.S. Case no. 660 of 2019 registered for the offence punishable under section 302/34 of the Indian Penal Code read with section 27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner is in custody since 17.2.2021 and charge sheet has been submitted and has antecedent of three cases. Learned counsel for the petitioner further submits that allegation is of indiscriminating firing on the husband of the informant by three unknown accused persons on account of which her husband died. Learned counsel submits that FIR was against unknown
Patna High Court CR. MISC. No.38226 of 2021(2) dt.13-12-2021 2/3 and name of the petitioner along with other co-accused transpired in the restatement of the informant. Learned counsel submits that co-accused persons have been granted bail by this Hon'ble court. It is submitted that Ashok Yadav @ Shiv was granted bail by order dated 4.6.2020 in Cr. Misc. no. 16010/2020, Rakesh Sahani @ Rakesh Kumar was granted bail by order dated 28.2.2020 in Cr. Misc. no. 11642/2020 and Bodha Yadav was granted bail by order dated 4.6.2020 in Cr. Misc. no. 18255/2020.
Learned APP opposes the prayer for bail.
Considering the facts that petitioner is in jail custody and charge sheet has been submitted and is not named in the FIR, the petitioner is directed to 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 the Chief Judicial Magistrate, Motihari, East Champaran in Turkauliya P.S. Case no. 660 of 2019 with condition that petitioner will mark his attendance in between 20-25 of every month commencing from January, 2022 till the charges are not framed in the event it is reported by local police that petitioner has not marked his attendance in between 20-25 of any of the month till framing of the charge, the learned court below will be at liberty
Patna High Court CR. MISC. No.38226 of 2021(2) dt.13-12-2021 3/3 to cancel his bail bond.
(Satyavrat Verma, J) s.hassan/- U T