Nawal Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49534 of 2022 Arising Out of PS. Case No.-368 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== NAWAL KISHORE YADAV S/o Shashinath Yadav Resident of VillageKolhaypatti, P.S.- Murliganj, District- Madhepura, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Murliganj P.S. Case No. 368 of 2020, registered for the offences punishable under Sections 341, 323, 379, 307/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the allegation on the petitioner and other three named co-accused persons is of opening fire on the person of the injured but injury report shows that he has sustained only one firearm injury, though it is grievous in nature. The other injuries are bruise, pain, swelling and headache. He has submitted further that the petitioner is innocent and

Patna High Court CR. MISC. No.49534 of 2022(2) dt.16-12-2022 2/2 has falsely been implicated in this case The petitioner is under custody since 05.03.2022.

Considering the above-mentioned facts and circumstances as well as the period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J-VII, Madhepura in connection with Murliganj P.S. Case No. 368 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/Sonali U T