Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24428 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -KHUDWAN District- AURANGABAD ======================================================

1. Ajay Singh Son of late Jagdeo Singh Resident of Village- Parihara, Police station Khudwan, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Sanjay Kumar Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-06-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 30.03.2016 in connection with a case registered for the offences punishable under Sections 341/323/324/352/307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though there is allegation of firing against the petitioner, it was on the non-vital part of the body and the petitioner has also no criminal antecedent. He further submits that there was no repetition of firing nor there was any intervening circumstance to prevent the petitioner from completing the offence and, as such, the provision of Section 307 Cr. P.C. cannot be attracted.

Patna High Court Cr.Misc. No.24428 of 2016 (2) dt.02-06-2016 P2/2 Considering the aforementioned facts and circumstances and that the petitioner has no criminal antecedent, let the petitioner above named 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 learned Chief Judicial Magistrate, Aurangabad in connection with Khudwan P.S. Case No. 10 of 2016.

(Anjana Mishra, J) Saif/- U T