Satender Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79344 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== SATENDER BIND son of Rajdew Bind Village- Babubandh Tola Ps- Chauri Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 504, 307/34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per prosecution case, the petitioner is said to have caused injury to the husband of the informant by firearm weapon on instigation of co-accused Upendra Bind and Jitendra Bind.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Allegation against the petitioner is of opening fire upon husband of the informant but
Patna High Court CR. MISC. No.79344 of 2023(3) dt.10-01-2024 2/2 the injury report annexed with the case diary vide para-61, shows that the injured sustained only one injury of penetrating ulcer at right upper back. Nature of injury is also not opined by the doctor. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is is languishing in judicial custody since 23.5.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Chauri P.S. Case No. 43 of 2023 on furnishing bail after framing of charge, if not framed bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Bhojpur/ concerned Court.
(Sunil Kumar Panwar, J) Amandeep/- U T