Patna High CourtCR. MISC./52570/2019bail granted

Mithlesh Yadav @ Mithelesh Yadav v. The State Of Bihar

2019-11-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 52570 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- MAHISHI District- Saharsa ====================================================== MITHLESH YADAV @ MITHELESH YADAV, aged about 35 years, Male, Son of - Dukhi Yadav @ Yogendra Yadav Resident of Village- Birbar, P.S. - Mahishi, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 342, 307, 504 of Indian Penal Code and Section 27 of Arms Act.

It is submitted by the petitioner's counsel, referring to the allegations made in the first information report, that the petitioner's fire shot did not hit the victim and that the victim suffered injuries on account of a firing done by co-accused Pankaj Yadav. The petitioner is a man of clean antecedent as per statements made in the application and he is in custody since 30.05.2019.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.52570 of 2019(3) dt.16-11-2019 2/2 bail.

Considering the rival submissions, prayer for bail is allowed.

Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Saharsa in Mahishi Police Station Case No 94 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T