IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16469 of 2011
Mukesh Yadav, S/O-Sri Shambhu Yadav
Versus
The State Of Bihar
-----------
04 06.09.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 16.12.2008 in a case
registered under Section 307 and other minor Sections of the Indian
Penal Code and 27 of the Arms Act.
There is allegation against this petitioner that he opened
fire causing firearm injury at the head of the informant.
Learned counsel for the petitioner submits that, as a
matter of fact, informant has not received any injury and the
Ferdbeyan of the informant was recorded on 27.11.2008 in respect of
an occurrence which is said to have taken place on 15.11.2008. It is
also submitted by him that up-till-now no injury report of the
informant has been produced by the prosecution which is evident from
the impugned order of learned court below as well as the letter no.
2893 dated 19.07.2011 of Superintendent of Police, Munger. It is
further submitted by him that some cuttings have also been made in
so-called Ferdbeyan of the informant.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, particularly, keeping in mind the
period of detention of the petitioner in jail custody, let the petitioner
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
2
of Additional Sessions Judge-II, Munger in connection with Sessions
Case No. 478 of 2009 arising out of Dharahara P.S. Case No. 97 of
2008.
SHAHZAD ( Hemant Kumar Srivastava, J.)