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Patna High CourtCR. MISC./48173/2014bail granted

Munna Yadav v. The State Of Bihar

2015-03-17Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48173 of 2014 Arising Out of PS.Case No. -89 Year- 2014 Thana -ASTHAWAN DistrictNALANDA (BIHARSHARIFF) ====================================================== Munna Yadav, son of Kishori Yadav, resident of village- Asthawan, P.S.- Asthawan, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 17-03-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State, and learned counsel for the informant. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323 & 307 of IPC and section 27 of the Arms Act.

Allegation against the petitioner is to have shot fire which caused injury to Mahesh Yadav.

It is submitted that there is land dispute between both the parties and co-accused has also filed a case against the informant and others. There is no repetition of firing. The petitioner has no criminal antecedent. However, after investigation charge-sheet has been submitted and there is no chance of tampering with the witnesses.

Patna High Court Cr.Misc. No.48173 of 2014 (3) dt.17-03-2015 2/2 Learned counsels for the State as well as the informant submit that the case of other side is at belated stage and it has been filed on 27.7.2014 and the petitioner had intention to kill the injured.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif/court concerned in Asthawan P. S. Case No. 89 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T