Md. Yasin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64369 of 2022 Arising Out of PS. Case No.-224 Year-2019 Thana- BHARGAMA District- Araria ====================================================== Md. Yasin Son Of Md. Kari R/O Village- Bishahariya, P.S.- Bhagrama, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

At the outset, learned counsel for the petitioner submitted that inadvertently, year of the P.S. Case regarding both criminal antecedents of the petitioner in Para-3 of the prayer portion of the bail petition, has been wrongly typed as '2010' instead of '2019'.

Accordingly, learned counsel for the petitioner is permitted to make necessary correction, during the course of the day itself.

The petitioner seeks bail in connection with Bhargama P.S. Case No. 224 of 2019 registered for the offence

Patna High Court CR. MISC. No.64369 of 2022(2) dt.21-02-2023 2/3 under Sections 147, 148, 149, 341, 342, 323, 324, 354(B), 307, 447, 448 and 504 of the Indian Penal Code. Later on 302 of the I.P.C. was added.

The accused/petitioner is named in the F.I.R. and is in custody since 13.05.2022.

The allegation against the petitioner is to commit murder of father of the informant, along with other co-accused persons, by using arrow while a dispute arises out of Tazia Procession.

Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to fatal blow is available against co-accused, namely, Magan, whereas the allegation against the petitioner is limited to be an order giver. It is submitted that the antecedent of the petitioner was clean prior to the occurrence but subsequently he was named in those more cases, registered out of same occurrence. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as allegation against the petitioner is limited to be an

Patna High Court CR. MISC. No.64369 of 2022(2) dt.21-02-2023 3/3 order giver coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bhargama P.S. Case No. 224 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T