Patna High CourtCR. MISC./53037/2018bail granted

Kanchan Yadav @ Santan Singh @ Santan Yadav @ Santan Kumar v. The State Of Bihar

2018-08-31Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53037 of 2018 Arising Out of PS. Case No.-77 Year-2015 Thana- DANIYAWAN District- Patna ====================================================== Kanchan Yadav @ Santan Singh @ Santan Yadav @ Santan Kumar S/o Suresh Singh @ Suresh Yadav, R/o Vill.- Kohama, P.S.- Daniyawan, DistrictPatna (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deo Raj Kumar Prasad For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Daniyawan P.S. Case No. 77 of 2015 (G.R. No. 2314 of 2015) registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is the father of the deceased who in his fardbeyan has stated that in the night of 22/23-07-2015 three persons entered his house and one of them caught hold the hand of his son and other accused fired from his country made pistol in the stomach of his son. Allegation against the petitioner is that he was standing and holding his gun.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.53037 of 2018(2) dt.31-08-2018 2/2 he is innocent and has been falsely implicated in this case due to previous dispute. There is no allegation of any overt act against the petitioner. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 01.08.2018 passed in Criminal Miscellaneous No. 39747 of 2018. Petitioner has got no criminal antecedent and is in custody since 25.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City, in connection with Daniyawan P.S. Case No. 77 of 2015 (G.R. No. 2314 of 2015).

(S. Kumar, J) ranjan/- U