Shivdani Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12154 of 2016 Arising Out of PS.Case No. -96 Year- 2015 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Shivdani Sahni Son of Late Dilchand Sahni Resident of village - Nonpur, Police Station - Teghra, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 342, 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner and one Balwant Sahni are named in the first information report and it is alleged that both F.I.R. named accused and two others encircled the informant and Balwant Sahni opened fire causing firearm injury on the left chest of the informant and after that petitioner opened fire causing firearm injury on the back of the informant.

Learned counsel for the petitioner submits that Annexure-2, which is photostat copy of injury report of informant,

Patna High Court Cr.Misc. No.12154 of 2016 (2) dt.29-03-2016 2/2 shows that only one injury was found on the person of the injured and, therefore, the allegation of making firing against the petitioner is falsified.

Annexure-2 to the petition shows that one entry wound was found on the chest of the informant and the exit wound was found on the back of the chest and both the injuries were communicating to each other and, therefore, the submission advanced on behalf of the petitioner appears to be correct. No doubt, petitioner carries criminal antecedent but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Birpur P.S. Case No. 96 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T