Kunal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44421 of 2024 Arising Out of PS. Case No.-1136 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Kunal Yadav S/o Bijo Yadav @ Vijo Yadav resident of village- Amni, P.S.- Manshi, District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Khagaria (Muffasil) P.S. Case No. 1136 of 2022 dated 30.10.2022 registered for the offences u/ss 427, 341, 307 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioner and the co-accused persons along with 4-5 unknown persons is of firing on the informant's husband which hit his Panjra when he forbade them from grazing their horses.

4. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.44421 of 2024(2) dt.20-07-2024 2/2 this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. There is no specific allegation of firing against the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 24.07.2023 passed in Cr. Misc. No. 40274 of 2023. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 20.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. 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, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 1136 of 2022.

7. The application stands allowed.

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