Patna High CourtCR. MISC./80483/2023bail granted

Deepak Kumar Yadav @ Deepak Kumar v. The State Of Bihar

2023-12-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80483 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== DEEPAK KUMAR YADAV @ DEEPAK KUMAR S/O SHRI SHIVNATH PRASAD @ GANAURI VILLAGE- SIWANPAR, PS. NOORSARAI, DIST. NALANDA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP For the Informant :

Mr. Ravi Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Noorsarai P.S. Case no. 190 of 2022, registered under sections 307, 341, 323, 324, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. The earlier application for bail of the petitioner was rejected vide order dated 18.5.2023 passed in Cr. Misc. no. 22574 of 2023.

4. As per the prosecution case, the petitioner and other accused persons are said to have resorted to firing as a result of which the informant sustained gunshot injury in the little finger of his left hand.

Patna High Court CR. MISC. No.80483 of 2023(2) dt.15-12-2023 2/2

5. It is submitted by learned Senior Counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. No such occurrence as alleged took place. The petitioner is in custody since 18.1.2023. By the last order of rejection dated 18.5.2023 liberty was granted to the petitioner to renew his prayer for bail after six months. More than six months have passed since the said order.

6. The application for bail of the petitioner is opposed by learned APP for the State and learned counsel appearing for the informant.

7. Having heard learned counsel for petitioner and having considered the allegations in the F.I.R., the petitioner being in custody since 18.1.2023, the liberty granted to the petitioner vide earlier order dated 18.5.2023, the petitioner is directed to be enlarged on bail in connection with Noorsarai P.S. Case no. 190 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Nalanda.

(Partha Sarthy, J) Harsh/- U T