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Patna High CourtCR. MISC./35916/2023allowed

Sintu Yadav @ Sintu Pahalwan v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35916 of 2023 Arising Out of PS. Case No.-236 Year-2021 Thana- ISHUPUR BARAHAT DistrictBhagalpur ====================================================== Sintu Yadav @ Sintu Pahalwan Son Of Mahendra Yadav @ Mahendra Prasad Yadav Resident Of Village - Naya Tola, Bhawanpura, P.S.- Kharik, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 353, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner along with other co-accused persons is that they created panic in the village by opening fire and after that police team reached at that place on information and arrested them. It is further alleged that from their possession, empty cartridge along with some material has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.35916 of 2023(4) dt.11-10-2023 2/2 falsely been implicated in this case. It is further submitted that no one hit from the firing made by the accused persons. Nothing incriminating article has been recovered from the possession of the petitioner. Moreover, he is languishing in judicial custody since 28.10.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner has several criminal antecedents.

6. 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 Kharik P.S. Case No. 236 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge at Naugachia. (Sunil Kumar Panwar, J) shubham/- U T