Patna High CourtCR. MISC./78344/2023bail granted

Sarwan Yadav v. The State Of Bihar

2024-02-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 78344 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- GHOSWARI District- Patna ====================================================== Sarwan Yadav Son of Suresh Yadav R/o village - Niyamat Tola, P.S.- Ghoswari, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ghoshwari P.S. Case No. 109 of 2023 dated 09.06.2023, lodged under Sections 341, 307 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is accused of causing gun shot injury upon the victim and the victim was treated at PMCH and remained in the hospital for 12 days after being admitted in the surgery department.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is in custody since 18.08.2023 having two criminal antecedents. Learned counsel for the petitioner on

Patna High Court CR. MISC. No. 78344 of 2023(4) dt.29-02-2024 2/2 instruction from his client has suo moto offered to pay Rs. 50,000/- to the victim for his treatment to compensate him for the expenses in his treatment.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. Considering the period of custody, this bail application is allowed.

7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned J.M.- 1st Class, Barh, District- Patna in connection with Ghoshwari P.S. Case No. 109 of 2023.

8. At the time of furnishing bail bonds, the petitioner will also furnish the demand draft of Rs. 50,000/- in two installments in the name of victim and if the demand draft shall be furnished, the bail bond of the petitioner shall be accepted and the amount shall be released in favour of the victim. (Sandeep Kumar, J) sadique/- U T