Patna High CourtCR. MISC./33830/2023bail granted

Satish Kumar @ Satish Yadav @ Chhatish Yadav v. The State Of Bihar

2023-07-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33830 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Satish Kumar @ Satish Yadav @ Chhatish Yadav S/O Ravindra Singh R/O Vill-Narayanpur, P.S.-Buxar Muffasil, District-Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr Krishna Pd.Singh, Senior Advocate Mr.SK Tiwari, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, Addl Public Prosecutor Mr. S.Mukhia, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner, the State and the informant.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/302 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, several persons were making celebratory firing in a musical programme in which one of the shots hit brother of informant who succumbed to the injury.

4. Learned counsel appearing for the petitioner submits that the FIR is against unknown. Petitioner's name has come in the case during investigation on the basis of a video footage stored in a Pen drive in which petitioner was also seen

Patna High Court CR. MISC. No.33830 of 2023(2) dt.26-07-2023 2/2 making firing in the musical party. It is argued that in the party several persons were making firing and in such a situation, it is highly improbable to say that firing made by the petitioner hit the deceased. Petitioner claims clean antecedent.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Rajpur Police Station Case No. 104 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T