Patna High CourtCR. MISC./30627/2015bail granted

Om Prakash Shrivastawa @ Omji v. The State Of Bihar

2015-07-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30627 of 2015 Arising Out of PS.Case No. -176 Year- 2011 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Om Prakash Shrivastawa @ Omji Son of Late Raj Ballabh Prasad resident of Kaswa Kadamwa, P.S. Ghorasahan, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 307 and other allied Sections of the Indian Penal Code and Section 27 of Arms Act. It is alleged that six FIR named accused along with two unknown came armed with country made pistol when on the order of Madan Sah co-accused Raja Kumar fired causing injury to the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. As per prosecution story, the main allegation is against co-accused Raja Kumar, who is alleged to have fired causing injury to the victim. It is further submitted that charge sheet has been submitted in this

Patna High Court Cr.Misc. No.30627 of 2015 (2) dt.30-07-2015 2/2 case where the police has not sent up the petitioner for trial. It is also submitted that other co-accused has already been granted bail vide Cr. Misc. No. 22306 of 2015.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 Shri Sudhir Sinha, Judicial Magistrate, 1st Class, Motihari in connection with Ghorasahan P.S.Case No. 176 of 2011, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T