Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54701 of 2016 Arising Out of PS.Case No. -275 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Kailash Yadav, Son of Ganeshi Yadav, Resident of Village Kankaul, P.S. Muffasil, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 12.07.2016 in connection with Begusarai Muffasil P.S. Case No. 275/16 registered for the offences punishable under Sections 447, 307, 452/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was measuring milk at the door of one Brajesh Singh petitioner along with others came armed with fire-arms and on the orders of petitioner Mukesh Singh fired on him hitting on his neck.

Patna High Court Cr.Misc. No.54701 of 2016 (2) dt.22-12-2016 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and the injury report does not speak of any firearm injury and the injuries have been found to be simple in nature caused by hard blunt substance and one of the named co-accused on similar allegation has since been granted the privilege of bail by the learned court below itself. It is further submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and that earlier his bail application bearing Cr. Misc. No. 43990 of 2016 was withdrawn on 04.10.2016 as charge-sheet had not been submitted and he was given liberty to approach this Court with appropriate application in future. However, learned A.P.P.

for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail. Be that as it may, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court Cr.Misc. No.54701 of 2016 (2) dt.22-12-2016 3/3 Judicial Magistrate, Begusarai, in connection with Begusarai Muffasil P.S. Case No. 275/16.

(Nilu Agrawal, J.) Rajesh/- U T