Sintu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37049 of 2023 Arising Out of PS. Case No.-2 Year-2018 Thana- KHARIK District- Bhagalpur ====================================================== Sintu Yadav Son Of Mahendra Yadav @ Mahendra Prasad Yadav R/O-Naya Tola, Bhwanpura, P.S.-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.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 section 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 came at the house of the informant and started firing with intention to kill the husband of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive of the informant. The petitioner was not apprehended on spot. It is further submitted that as per impugned order, no one sustained
Patna High Court CR. MISC. No.37049 of 2023(4) dt.01-11-2023 2/2 injuries from fire arm despite the allegation of making fire by the accused persons. Moreover, the petitioner is languishing in judicial custody for more than 15 months.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
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. 02 of 2018 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, Bhagalpur. (Sunil Kumar Panwar, J) lata/- U T