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Patna High CourtCR. MISC./17564/2024allowed

Satish Kumar Singh @ Sadish Kumar Yadav v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17564 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Satish Kumar Singh @ Sadish Kumar Yadav S/o Lal Babu Singh Resident of Village- Salempur, P.S. Chandi,P.O. Jokita, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner, and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 323, 336, 337, 338, 326, 307, 302, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

According to FIR, it is a case of commission of murder of informant's son namely, Dhanu Singh by shot fire and allegation against this petitioner and co-accused persons are that they were involved in this alleged occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The informant is not an eye witness of the alleged occurrence. The petitioner has no concern

Patna High Court CR. MISC. No.17564 of 2024(2) dt.14-03-2024 2/2 with the alleged occurrence and there is no specific allegation levelled against him rather general and omnibus allegation levelled against him. Nothing incriminating article has been recovered from conscious possession of the petitioner. He has got no criminal antecedent as stated in para-3 of the petition. Similarly situated co-accused has already been granted bail by this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 41183 of 2023. Moreover, the petitioner is languishing in judicial custody since 05.10.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandi P.S. Case No. 73 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 C.J.M. V Bhojpur at Ara.

(Sunil Kumar Panwar, J) Manishkr/- U T