Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4341 of 2024 Arising Out of PS. Case No.-52 Year-2015 Thana- MOKAMAH District- Patna ====================================================== Umesh Yadav Son of Late Ramjee Yadav Resident of Village Kanhaipur PS Mokama Dist Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Premchandra Yadav For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 447 and 307 of the Indian Penal Code and section 27 of the Arms Act.
3. As per allegation in the FIR, two rival groups were making firing against each others and in the meantime police party reached there and apprehended three accused persons, who disclosed the name of the present petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one has sustained any fire-arm injury. Petitioner was only a member of the mob. Save and except confessional statement of
Patna High Court CR. MISC. No.4341 of 2024(2) dt.08-02-2024 2/2 apprehended accused persons, nothing has come against the petitioner to show his complicity in the present case. All the three persons, who have taken the name of the petitioner, have already been enlarged on bail by another coordinate Bench of this Court vide order dated 09.12.2015 passed in Cr. Misc. No. 54498 of 2015. Petitioner is languishing in judicial custody since 17.8.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.JV, Barh, Patna in connection with Mokama P.S. Case No. 52 of 2015.
(Sunil Kumar Panwar, J) sushma/- U