Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37182 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- RAHUI District- Nalanda ====================================================== Satish Kumar Son of Chandeswar Gope Resident of Village- Onda ,P.S- Sare, P.S- Sare, Dist- Nalanda ... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr.Ratan Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rahui P.S. Case No. 200 of 2023 dated 19.05.2023 registered for the offence/s punishable u/ss 341, 323, 307, 504 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have come to the shop of the informant and started abusing the informant's husband and in the meantime, the co-accused Bholi Yadav fired on the informant's husband Madan Prasad causing bullet injury and thereafter, they fled away.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.37182 of 2024(2) dt.19-06-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. The specific allegation of firing is against the co-accused Bholi Yadav and only gun shot injury was found on the chest of the injured. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda, Biharsharif in connection with Rahui P.S. Case No. 200 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T