Patna High CourtCR. MISC./2641/2024bail granted

Mithlesh Yadav @ Biso Yadav @ Miso Yadav v. The State Of Bihar

2024-02-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2641 of 2024 Arising Out of PS. Case No.-769 Year-2022 Thana- BARH District- Patna ====================================================== Mithlesh Yadav @ Biso Yadav @ Miso Yadav S/o Asloak Prasad @ Aslock Prasad @ Aslock Yadav R/o Village-Baso Bagi, Berhna, P.S-Barh, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Advocate For the State :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 22.05.2023 in Cr. Misc. No. 20605 of 2023.

3. The petitioner seeks bail in connection with Barh P.S. Case No. 769 of 2022 registered for the offence punishable under Sections 341, 354(B), 307, 506 and later 376 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner is said to have tried to commit rape and on refusal of the victim, he has said to have fired at her which hit her.

5. Earlier the bail application of the petitioner was

Patna High Court CR. MISC. No.2641 of 2024(3) dt.23-02-2024 2/2 rejected on the ground that there was suppression of one criminal antecedent.

6. It has been submitted by learned counsel for the petitioner that the prosecution case is doubtful as the doctor has no found any external injury over the body.

7. Learned APP for the State has opposed the prayer for bail.

8. I have considered the injury report. There is no external injury or no bullet injury on the victim. The petitioner is in jail since 30.11.2022.

9. Considering the aforesaid, this application is allowed.

10. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 769 of 2022. (Sandeep Kumar, J) P. Kumar U T