Mukesh Yadav @ Avinash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35693 of 2023 Arising Out of PS. Case No.-31 Year-2022 Thana- TEYAR District- Bhojpur ====================================================== 1.

Mukesh Yadav @ Avinash Yadav S/O- Santosh Yadav R/O VillageEnglishpur, P.S- Charpokhari, Distt.- Bhojpur. 2.

Satyendra Singh S/O- Parshuram Singh R/O Village- Englishpur, P.SCharpokhari, Distt.- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shree Ramsingh Yadav S/O- Ramashraya Singh R/O Village- Hetampur, P.S- Timar, Distt.- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukul Prasad, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-07-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners seek regular bail in connection with Teyar P.S. Case No. 31 of 2022, dated 24.02.2022 registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by petitioners' counsel are that both the petitioners have fair and clean antecedent, though against them there is allegation of having caused firearm injuries to the victims but the alleged occurrence was not pre-planned and the same took place in

Patna High Court CR. MISC. No.35693 of 2023(2) dt.12-07-2023 2/3 the spur of moment on account of the issue of Vidai ceremony of the sister of the petitioner No. 1 and moreover now a good relation has been established in between them and they have settled their disputes. It is further submitted that there is no allegation of repeated firing by the petitioners on the victims and moreover the victims sustained firearm injuries on their non vital part of body and against the petitioners investigation has been completed.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioners' fair and clean antecedent and the genesis of occurrence and also the fact that there is no allegation of repeated firing by the petitioners upon the victims, who sustained firearm injuries at their non-vital part of body and the investigation has been completed against the petitioners, in my opinion it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Teyar

Patna High Court CR. MISC. No.35693 of 2023(2) dt.12-07-2023 3/3 P.S. Case No. 31 of 2022.

(Shailendra Singh, J.) maynaz/- U T