Patna High CourtCR. MISC./44241/2024bail granted

Mukesh Yadav v. The State Of Bihar

2024-06-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44241 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- BELCHHI District- Patna ====================================================== Mukesh Yadav S/o Ramas Yadav @ Ramanand Yadav R/o Village- Harnaut, PS Harnaut, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Belchhi P.S. Case No. 42 of 2024 instituted for the offences under Sections 323, 341, 307, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the petitioner is of hitting the Informant on his head by means of brick with an intention to kill him as a result of which the Informant sustained grievous injury on his head, he fell down and the blood started flowing from his head.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.44241 of 2024(2) dt.26-06-2024 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He submits that from the injury report, it appears that the injury caused to the Informant is simple in nature. Both the parties are Gotiyas. There is an admitted land dispute between the Informant and the co-accused Satyendra Yadav and the petitioner has been wrongly implicated in the present case. The petitioner was not arrested from the place of occurrence and nothing incriminating has been recovered from the conscious possession of the petitioner. Not a single independent witness has come forward to support the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 19.03.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the

Patna High Court CR. MISC. No.44241 of 2024(2) dt.26-06-2024 3/3 case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Belchhi P.S. Case No. 42 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T