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Patna High CourtCR. MISC./89615/2024allowed

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

2025-01-08Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89615 of 2024 Arising Out of PS. Case No.-263 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== Munna Yadav @ Munna Kumar @ Munna Kumar Yadav, aged 34 years, Son of Ram Ishwar Singh, resident of Village- Durgapur, PS- Tarari, DistrictBhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Sandesh PS Case No.263 of 2024 dated 16.09.2024, instituted under Sections 109, 3(5) of Bhartiya Nyayay Sanhita, 2023, and Section 27 of the Arms Act.

3. The prosecution case, in short, is that the informant received a telephonic call regarding filling the form of Aadhar Card and when the informant reached at the Fulari Bus Stand, three unknown miscreants came on a motorcycle and fired upon the informant causing firearm injury in his waist.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.89615 of 2024(2) dt.08-01-2025 2/2 case. The petitioner is not named in the FIR. FIR has been lodged against unknown persons. Only on the basis of confessional statement of co-accused, the petitioner has been made accused in this case. Further submission is that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara, in Sandesh PS Case No.263 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U