Salman Kalander @ Salman Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.34842 of 2014 (3) dt.16-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34842 of 2014 Arising Out of PS.Case No. -351 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Salman Kalander @ Salman Sah S/o Shahjade Ali Resident of Muhalla Takiya, Police Station Sasaram (Model), District Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Jha For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2015 Heard both sides.

The petitioner seeks bail in Sasaram (model) P.S. Case No. 351 of 2014 registered under section 307 and other allied sections of the Indian Penal Code and under section 27 of the Arms Act.

The informant alleged that when he was working in Kabari shop, Sahjada Ali began to abuse Shadab Hussain and on objection , Sahjada Ali and Bhodu assaulted him with iron rod. The petitioner is alleged to have assaulted Talim Khan and he fired which hit on the chest of Md. Talim Khan the son of the informant.

It is submitted that Talim Khan got firearm injury

Patna High Court Cr.Misc. No.34842 of 2014 (3) dt.16-01-2015 on the chest but the doctor has opined that the injury is simple in nature.

From the perusal of the record it appears that the petitioner is in jai since 27.04.2014 and the occurrence took place on account of removal of garbage. Taking into consideration that the Talim Khan got firearm injury but the doctor has opined that the injury was simple in nature, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of RS. 10,000/- (ten thousand) with two sureties of like amount teach to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in co connection with the above noted case. (Prabhat Kumar Jha, J) M.Rahman/- U T