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Patna High CourtCR. MISC./5539/2018bail granted

Mukesh Yadav v. The State Of Bihar

2018-02-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5539 of 2018 Arising Out of PS.Case No. -275 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Mukesh Yadav, S/o Ganeshi Yadav Vill-Kankaul P.S.-Muffsil Begusarai District-Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Begusarai (Muffasil) P. S. Case No.275 of 2016 registered under Sections 447, 452 & 307/34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted by the learned counsel for the petitioner that though there is allegation against the petitioner that he opened fire causing injury in the neck of the informant, the doctor, who treated the informant found the injury on the person of the informant to be simple in nature caused by hard and blunt object. He submitted that there is admitted land

Patna High Court Cr.Misc. No.5539 of 2018 (2) dt.02-02-2018 2/2 dispute between the parties due to which a completely false and fabricated case has been instituted against the petitioner. On the other hand, learned Additional Public Prosecutor for the State submitted that there is specific allegation against the petitioner that he opened fire causing injury to the informant.

Regard being had to the submissions made above, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in Begusarai (Muffasil) P. S. Case No.275 of 2016 , subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T