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Patna High CourtCR. MISC./34270/2021bail granted

Sattan Yadav @ Sakaldev Yadav v. The State Of Bihar

2022-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34270 of 2021 Arising Out of PS. Case No.-178 Year-2017 Thana- SONO District- Jamui ====================================================== SATTAN YADAV @ SAKALDEV YADAV S/O BOCHU YADAV R/o village- Ghuthiya, P.S.- Tisari, District- Giridih (Jharkhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sono P.S. Case no. 178 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 324, 325, 326, 341, 342, 307, 302, 120(B) of the Indian Penal Code.

As per allegation in the FIR, while informant's father, uncle and brothers were plaughing their filed, several accused persons including the petitioner came there with deadly weapon and assaulted them brutally and as a result of which his uncle succumbed to injuries during treatment.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. During investigation, name of the petitioner transpired.

Patna High Court CR. MISC. No.34270 of 2021(4) dt.07-11-2022 2/2 Two named co-accused persons have already been granted anticipatory bail by different co-ordinate Benches of this Court vide order dated 22.09.2022 passed in Cr. Misc. No. 48705/2021 and vide order dated 3.12.2018 passed in Cr. Misc No. 58170 of 2018 and the case of the petitioner stands on better footing to that of the co-accused, as the petitioner is not named in the FIR. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sono P.S. Case no. 178 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U