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Patna High CourtCR. MISC./35793/2023allowed

Sintu Yadav @ Santu Yadav @ Sittu Yadav v. The State Of Bihar

2023-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35793 of 2023 Arising Out of PS. Case No.-268 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== Sintu Yadav @ Santu Yadav @ Sittu Yadav Son Of Mahendra Yadav @ Mahendra Prasad Yadav Resident Of Village-Naya Tola, Bhawanipur @ Bhawanpura, Ps-Kharik, Distt-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 Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 341, 324 and 307 of the IPC and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the informant, due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act against the petitioner. From the perusal of the injury report,

Patna High Court CR. MISC. No.35793 of 2023(4) dt.18-10-2023 2/2 the doctor opined that the injury sustained to the informant is simple in nature. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 20.06.2023 passed in Cr. Misc. No. 31547 of 2023. He is languishing in judicial custody since 18.12.2021.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 the satisfaction of the learned 2nd Additional Sessions Judge, Naugachia, Bhagalpur in connection with Kharik P.S. Case No. 268 of 2019.

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