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Patna High CourtCR. MISC./23313/2023allowed

Ramneh Yadav v. The State Of Bihar

2023-09-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23313 of 2023 Arising Out of PS. Case No.-317 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== RAMNEH YADAV, Son of Surendra Yadav Resident of Village - Raghu Tola, P.S.- Ara Town, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary and medical report.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act. 3 As per FIR. it is a case of opening fire upon informant due to which the informant sustained gun shot injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. It is apparent from the prosecution case that informant went to Sadar hospital, Ara from where he was referred better treatment in the private hospital Shanti Memoral Hospital Babu Bazar but there is no chit of paper and medical report of regarding treatment made by the doctor issued by Sadar Hospital, Ara and the

Patna High Court CR. MISC. No.23313 of 2023(5) dt.19-09-2023 2/2 medical report of Sadar Hospital is not available before the Court. But medical report issued by Shanti Memoral Hosital babu Bazar, Ara is annexed with the case diary. Petitioner has got one criminal antecednet, as stated in para 3 of the bail petition and he is in custody since 05.11.2022. It is further submitted that so far as injury is concerned, no repeated fire upon the person of the informant by the petitioner.

5. The application for bail is opposed by learned APP for the State and submits that specific allegation of making fire upon the informant due to which sustained gun shot injury.

6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to Additional the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Town P.S. Case No. 317 of 2022.

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