Patna High CourtCR. MISC./81648/2023allowed

Sajjan Yadav @ Sanjan Yadav v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81648 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SAJJAN YADAV @ SANJAN YADAV S/O ASARFI YADAV R/O VILLAGE- USRI, P.S- KUSHESHWAR ASTHAN, DISTT.- DARBHANGA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 section 307 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, some unknown miscreants are said to have fired upon the informant which hit at his back side due to which he sustained injury. The alleged incident occurred when the informant was at his door.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. After 42 days of the alleged occurrence, the name of the petitioner came into light on the

Patna High Court CR. MISC. No.81648 of 2023(2) dt.18-12-2023 2/2 instance of his enemies. No consistent evidence has brought on record regarding complicity of the petitioner during course of investigation. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 27.6.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kusheswar Asthan P.S. Case No. 124 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Biraul at Darbhanga. (Sunil Kumar Panwar, J) lata/- U T