Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34782 of 2023 Arising Out of PS. Case No.-96 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== Santosh Yadav Son Of Pitambar Yadav @ Piro Yadav Resident Of VillageBatraha, Ward No. -M 25, Ps And Distt- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged that all the F.I.R named accused persons including the petitioner shot fire at the vehicle of the informant due to which one Abhinash Kumar sustained gunshot injury.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.34782 of 2023(3) dt.20-09-2023 2/3 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 of firing against the petitioner. The injury was found grievous in nature, which was given by the private Doctor. He further submitted that the others co-accused have already been granted bail by a Co-ordinate Bench vide order dated 07.07.2023 passed in Cr. Misc. No. 24634 of 2023. He is languishing in judicial custody since 25.12.2022. The application for bail is opposed by learned APP for the State.
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
Patna High Court CR. MISC. No.34782 of 2023(3) dt.20-09-2023 3/3 of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 96 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T