Patna High CourtCR. MISC./67002/2024bail granted

Lucky Yadav @ Praduman Kumar v. The State Of Bihar

2024-09-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67002 of 2024 Arising Out of PS. Case No.-232 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Lucky Yadav @ Praduman Kumar, aged about 26 years (Male), S/o Anil Yadav, R/o Village- Sapha, P.S- Mahesh Khut, District- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vivekanand Singh, Advocate For the Opposite Party :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahesh Khut P.S. Case No. 232 of 2023 dated 09.11.2023 registered for the offences punishable under Section 307 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, on 08.11.2023 at about 7.44 P.M., some unknown miscreant tried to fire on the informant's father while he was sitting on the counter but the alleged firing failed.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.67002 of 2024(2) dt.21-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. He is not named in the F.I.R. His name has come on the basis of the confessional statement of the co-accused Lalu Kumar. The petitioner has not been put on T.I. Parade. The several witnesses in their statements have not named the petitioner and they have only said that one unknown person opened fire but the alleged firing failed. It is submitted that the other co-accused person, namely, Lalu Kumar, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 49018 of 2024 under order dated 07.08.2024, annexed as Annexure-2 to the present bail application. The petitioner has five criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 24.02.2024.

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, above named, 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 A.C.J.M.-4th, Khagaria in connection with Mahesh Khut P.S. Case No. 232 of 2023.

Patna High Court CR. MISC. No.67002 of 2024(2) dt.21-09-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T