Sharban Das @ Sharwan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20662 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Sharban Das @ Sharwan Das, Son of Ram Chandra Das, resident of Village Madhopur, P.S. Bibhutipur District- Samastipur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Bibhutipur P.S. Case No. 30 of 2015, registered under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that informant Dulari Devi, wife of the petitioner was near the fire on 12.02.2015 at about 9.00 P.M. At that time, one unknown person shot fire causing injury at her leg and her statement was recorded on 14.02.2015 on which basis F.I.R. was lodged on 23.02.2015 against unknown. Later on, the informant got recorded the statement under Section 164 of the Cr.P.C. on 22.06.2015 in which she disclosed that she made demand of money to the petitioner for
Patna High Court Cr.Misc. No.20662 of 2016 (2) dt.16-05-2016 2/2 treatment of her son and due to that reason, petitioner shot fire at her leg. Except the suspicion, there is no tangible material against the petitioner having hand in present case. The petitioner having no criminal antecedent is in custody since 23.06.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Vikash Jha, Judicial Magistrate, 1st Class, Rosera Samastipur in connection with Bibhutipur P.S. Case No. 30 of 2015.
(Rajendra Kumar Mishra, J) manish/- U T