Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6664 of 2024 Arising Out of PS. Case No.-760 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Mukesh Kumar @ Mukesh Yadav S/O BHUKHAN YADAV @ BHUWNESHWAR YADAV VILLAGE- MAHUA TOLA LAXMIPUR, PS. GANGOUR, DIST. KHAGARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Gangour P.S. Case no. 760 of 2023 registered under sections 307, 447, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that while she was asleep, at 11:30 pm six accused persons including the petitioner herein came to her house, abused and resorted to indiscriminate firing, evidence of which can be found on the walls of her house.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such occurrence as alleged in the FIR has taken place. The manner of

Patna High Court CR. MISC. No.6664 of 2024(3) dt.18-04-2024 2/2 occurrence leading to gunshots on the wall of the house is other than what has been narrated in the FIR. The petitioner is in custody since 14.10.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner having remained in custody for 6 months since 14.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Gangour P.S. Case no. 760 of 2023 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 Chief Judicial Magistrate, Khagaria. (Partha Sarthy, J) Shiv/- U T