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Patna High CourtCR. MISC./80398/2023allowed

Satish Yadav @Chhatish Yadav v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80398 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Satish Yadav @CHHATISH Yadav Son Of Najir Yadav Resident Of VillageRajajan, Ps- Mansi, Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged by the informant that all the F.I.R named accused persons including the petitioner surrounded the informant and co-accused Hareram Yadav fired from his pistol which hit the informant. The

Patna High Court CR. MISC. No.80398 of 2023(2) dt.15-12-2023 2/3 other accused persons also fired upon him.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The informant in his subsequent statement has named the petitioner as a person who also fired upon the informant. The informant has sustained only one firearm injury. The specific accusation of firing is against co-accused Hareram Yadav. The petitioner is languishing in custody since 04.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.80398 of 2023(2) dt.15-12-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Suppl. Chautham P.S. Case No. 207 of 2022(G.R. No. 2136 of 2022).

(Sunil Kumar Panwar, J) Shageer/- U T