Patna High CourtCR. MISC./8368/2023bail granted

Sunil Yadav v. The State Of Bihar

2023-04-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8368 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- GUTHANI District- Siwan ====================================================== SUNIL YADAV SON OF RAM NARESH YADAV R/O VILLAGEKHARBANIA, P.S.- LAR, DISTRICT- DEORIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Guthani P.S. Case no.276 of 2022 registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that eight accused persons on three motorcycles including the petitioner came and as a result of indiscriminate firing, the informant sustained gunshot injuries.

4. Learned counsel for the petitioner referring to the contents of the F.I.R. as also the order of the learned trial Court rejecting the application for bail of the petitioner submits that although the petitioner is alleged to have been driving one of the motorcycles, so far as overt act of firing is concerned, the same

Patna High Court CR. MISC. No.8368 of 2023(2) dt.29-04-2023 2/2 is on accused Robin Singh @ Bade, Raushan Singh, Vikash Singh and Balveer Singh. The petitioner is in custody since 7.11.2022 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., there being no allegation of firing on this petitioner who is in custody since 7.11.2022, chargesheet has been submitted in the case and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Guthani P.S. Case no.276 of 2022 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, Siwan.

(Partha Sarthy, J) Saurabh/- U T