Satish Kumar @ Satish Katariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46835 of 2024 Arising Out of PS. Case No.-357 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== SATISH KUMAR @ SATISH KATARIYA SON OF DINBANDHU KUSHWAHA RESIDENT OF VILLAGE - AMBARIYA, P.S. - SHIKARGANJ, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 147, 148, 149, 323, 324, 326, 307, 337, 338, 379, 387, 448, 504, 506 of the IPC and 27 of Arms Act.

3.

As per the prosecution case, the accused persons including the petitioner demanded Rs.1,00,000/- as ransom from the son of the informant and when the son of informant refused to fulfill the demand, all the accused persons with an intention to commit murder made firing upon the friend of son of the informant due to which he sustained injury.

Patna High Court CR. MISC. No.46835 of 2024(2) dt.07-08-2024 2/3 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioner. Only allegation against the petitioner is that he snatched the licensed revolver from the friend of the son of the informant. The specific allegation of firing is upon Jay Prakash Kushwaha. The petitioner has no criminal antecedent and has been rotting in judicial custody since 23.02.2024 and similarly situated co-accused has been granted regular bail by this Court vide order dated 17.05.2024 passed in Cr. Misc. No.35689 of 2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Chiraiya (Shikarganj) P.S. Case No.357 of 2023.

7.

However, petitioner is directed to co-operate in the trial

Patna High Court CR. MISC. No.46835 of 2024(2) dt.07-08-2024 3/3 and if he fails to appear before the Court below on two consecutive dates, his bail bond shall be cancelled by the learned court below itself.

(Anjani Kumar Sharan, J) pallavi/- U T