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Patna High CourtCR. MISC./23917/2019bail granted

Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar

2019-04-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23917 of 2019 Arising Out of PS. Case No.-334 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== SANTOSH YADAV @ SANTOSH KUMAR YADAV, aged about 38 years, Male, S/o Late Sikendra Yadav @ Late Saken Yadav Resident of VillageKanp (West), P.S.- Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-04-2019 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code.

The informant claims that petitioner and 4-5 unknown persons came and opened fire, as a result of which, he sustained fire arm injury below and above his knee. Learned counsel appearing on behalf of the petitioner submits that Annexure-2 to the petition goes to show that informant sustained simple injury and, moreover, no specific allegation of firing has been levelled against the petitioner. He further submits that, no doubt, petitioner does have criminal antecedents of near about 9 cases but in all the cases, either he

Patna High Court CR. MISC. No. 23917 of 2019(2) dt.15-04-2019 2/2 has been granted bail or has been acquitted.

The impugned order goes to show that the petitioner is in jail custody since 16.7.2018 and, therefore, it is obvious that the investigation against this petitioner has already been completed.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa/concerned court in connection with Sour Bazar P.S. Case No. 334 of 2018.

(Hemant Kumar Srivastava, J) Spd/- U T