Laddu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23991 of 2015 Arising Out of PS.Case No. -176 Year- 2012 Thana -SULTANGANJ District- PATNA ======================================================
1. Laddu Patel S/o Muneshwar Patel Resident of Khas Mahal Mahendru, P.S.
Sultanganj, District Patna, Permanent resident of Village Parmanandpur, P.S. Mahua, District Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Sections 307/34 of the Indian Penal Code and Section 3 / 4 of Explosive Substance Act and Section 27 of Arms Act, later on Section 302/120B was added.
The prosecution case in, brief, is that one Harinandan Singh son of late Kunj Lal Singh of Mohalla Tikia Toli, Sultanganj forwarded a written complaint to Officer Incharge Sultanganj Police Station on 30.11.1012 alleging that on 28.11.2012 his son Dinesh Kumar @ Bumbum went to a Saloon, which is about one yard from his house for shaving. After half an hour local people gave information to him that his son was
Patna High Court Cr.Misc. No.23991 of 2015 (2) dt.06-07-2015 2/3 severely injured near Saloon, who was fired upon by 4-5 unknown persons by Bom and Iron.After receiving this information, the informant immediately went near the Saloon then persons assembled there told him that with a view to kill his son 4-5 unknown persons attacked him, due to which he became injured. It has been alleged that the informant in aid and support of local residents and his family members brought injured Bumbum for treatment to PMCH where he was treated upon. Till the date of written complaint injured was in an unconscious condition in ICU. The informant alleged that the iron of washer man was used and name of that washer man is Dibali whereas the informant does not know the name of barber who is running Saloon.
It is further alleged that as his son was in coma, so the police could not record his statement whereas the informant's mental conditions was not good and was engaged in treatment of his son, he could not give oral or written complaint to the police. It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. The name of the petitioner has come in course of investigation on the basis of confessional statement of co-accused. The petitioner is in custody since 19.10.2013. It is further submitted that co- accused has been granted bail by this court vide Cr. Misc. No. 37662/2013.
Patna High Court Cr.Misc. No.23991 of 2015 (2) dt.06-07-2015 3/3 On behalf of the State, it has been submitted that the name of the petitioner has come in course of investigation. Considering the facts aforesaid, let above named petitioner 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 learned Additional Sessions Judge, 6th, Patnacity in Sessions Trial No.700/2014 arising out of Sultanganj P.S.Case No. 176/2012.
(Sudhir Singh, J) singh/- U T