Kauser Laheri @ Kaushar Laheri v. The State Of Bihar

Patna High Court Cr.Misc. No.16827 of 2015 (2) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16827 of 2015 Arising Out of PS.Case No. -45 Year- 2013 Thana -SONBERSA District- SITAMARHI ====================================================== Kauser Laheri @ Kaushar Laheri son of late Nathuni Laheri resident of Village - Mujhauliya, P.S. - Sonbarsa, District - Sitamarhi. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. N. K. Agrawal, Senior Advocate. Mr. Hans Lal Kumar, Advocate.

For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Sonbarsa P.S. Case No. 45 of 2013 registered under Sections 394 and 302/34 of the Indian Penal Code as well as Section 27 of the Arms Act.

Earlier by order dated 25.03.2014, prayer for bail of the petitioner has been rejected.

Learned counsel for the petitioner has pointed out that there is allegation that two persons came and shot fire on the chest of the son of the informant by which he succumbed to injury during his treatment. It is further submitted that villagers chased and caught hold of both the accused. It is further submitted that

Patna High Court Cr.Misc. No.16827 of 2015 (2) dt.20-04-2016 out of two accused persons, Saddam Laheri who shot fire on the chest of the son of the informant. Further there is specific allegation in the First Information Report that Saddam Laheri who have shot fire causing only one injury to the deceased. It is further submitted that petitioner is jail custody since 31.03.2013. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sonbarsa P.S. Case No. 45 of 2013, subject to condition that petitioner will appear on each and every date fixed in this case and any absence of the petitioner shall be subject to satisfaction of the court below on reasonable ground.

m.p.

(Gopal Prasad, J) U T