← Library
Patna High CourtCR. MISC./78049/2023allowed

Satyendra Yadav v. The State Of Bihar

2023-12-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78049 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== SATYENDRA YADAV SON OF JAI NARAYAN SINGH RESIDENT OF VILLAGE -ISHOPUR, PS- KHUSHRUPUR, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Tiwari, Adv.

For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 307 of the IPC and 27 of the Arms Act.

3.

Allegation against the petitioner and other named accused persons is of making indiscriminate firing for an issue related with MKS brick kiln.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Allegation against the petitioner and other co-accused persons is that a firing took

Patna High Court CR. MISC. No.78049 of 2023(2) dt.08-12-2023 2/2 place between the petitioners' and informant's side. There is case and counter-case between the parties. The I.O. of Khushrupur P.S. Case No.97/2023 and 98/2023 reached near the place of occurrence i.e. Devi Asthan, where the police has recovered 5 empty cartridge and on that basis the present case has been lodged against the petitioner and other co-accused persons. It is further submitted that no person has sustained any injury from any sides. Petitioner has no criminal antecedent. 5.

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

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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/Successor Court in connection with Khushrupur P.S. Case No.99 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T