Umesh Kumar @ Umesh Kumar Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71487 of 2024

Arising Out of PS. Case No.-194 Year-2023 Thana- KHUSRUPUR District- Patna

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Umesh Kumar @ Umesh Kumar Yadav Son of Ramashish SIngh Resident of Village - Hemjapur (Mustafapur), P.S.- Khusharupur, District - Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar ===================	... ... Opposite Part ===================================
Appearance :
For the Petitioner/s :	Mr. Ratneshwar Prasad, Advocate Mr. Madhurendra Kumar, Advocate Mr. Avinash, Advocate Ms. Nitu Kumari, Advocate
For the O.P. No. 2 :	Mr. Munish Kumar, Advocate Ms. Minakshi Kumari, Advocate Mr. Munna Roy, Advocate
For the Opposite Party/s : ===================	Mr. Rajiv Nayan, APP ===================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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6 05-02-2025

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Heard learned counsel for the petitioner; learned counsel for the O.P. No. 2 and Mr. Rajiv Nayan, learned APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 325, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

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The case of the prosecution is that the informant and his brother Mukesh Kumar was sitting near Devi Asthan, at that time, the petitioner along with others being armed with country made pistol arrived. Ramashray Singh and Anuj Kumar were

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Patna High Court CR. MISC. No.71487 of 2024(6) dt.05-02-2025 2/3

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having lathi . It is further alleged that Dinesh, Ramashray and Anuj caught Mukesh and on the order of Ramashray, Umesh fired at Mukesh with an intention to kill which hit stomach of Mukesh.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. From perusal of the injury report, which is of ICON Hospital, it transpires that one gunshot injury was found on the person of the Mukesh. The Doctor has opined that the injury is dangerous. Injured Mukesh is present in the Court. It is further submitted by learned counsel for the petitioner that petitioner is ready to cooperate in the trial and will present on each and every day since there is only one bullet shots injury. It is further submitted that the petitioner is languishing in judicial custody since 10.11.2023.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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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 released on bail in connection with Khusharupur

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Patna High Court CR. MISC. No.71487 of 2024(6) dt.05-02-2025 3/3

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P.S. Case No. 194 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Patna City with the a condition:-

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Petitioner is ready to cooperate in the trial and will present on each and every day. The petitioner will abide by the undertaking.

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(Ashok Kumar Pandey, J)

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Sudhanshu/-

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U T

Umesh Kumar @ Umesh Kumar Yadav v. The State of Bihar

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Umesh Kumar @ Umesh Kumar Yadav v. The State of Bihar

Case brief

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