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Patna High CourtCR. MISC./81798/2023allowed

Santosh Kumar Ram @ Santosh Kumar @ Santosh Ram v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81798 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Santosh Kumar Ram @ Santosh Kumar @ Santosh Ram Son Of Nagendra Ram R/O Village- Garahiya, P.S.- Madhuban, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 sections 307 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner is that he opened fire upon the informant due to which he sustained injury.

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 due to previous and dispute between the parties. It is further submitted that there is no official injury report available on record. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial

Patna High Court CR. MISC. No.81798 of 2023(2) dt.19-12-2023 2/2 custody since 19.08.2023.

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 Madhuban P.S. Case No. 02 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 Chief Judicial Magistrate, East Champaran (Sunil Kumar Panwar, J) Shubham/- U T