Patna High CourtCR. MISC./40139/2015bail granted

Jiyalal Sharma v. The State Of Bihar

2015-09-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40139 of 2015 Arising Out of PS.Case No. -172 Year- 2012 Thana -BELDAUR DistrictKHAGARIA ====================================================== Jiyalal Sharma son of Vakil Sharma, resident of village- Gandhi Nagar, Itmadi, P. S. Beldaul, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bharat Bhushan, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and 27 of the Arms Act.

The informant named 11 persons and alleged that accused persons assaulted him and others. The petitioner is alleged to have shot fire which hit on the chest of the informant. It is submitted that the occurrence took place on 25.6.2012 but the informant made his statement on 14.9.2012. The FIR was lodged on 1.12.2012. The informant did not produce any injury report and even the learned Sessions Judge has not stated anything about the injury report. The petitioner is in jail since 8.3.2015.

Patna High Court Cr.Misc. No.40139 of 2015 (2) dt.01-09-2015 2/2 Taking into consideration the facts that after three months of the occurrence, the informant gave his Fardbeyan and the injury report is also not made available before the learned Sessions Judge as he did not refer anything about the injury sustained by the informant and the petitioner is in jail since 8.3.2015, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri P. C. Verma, 1st Class Magistrate, Khagaria in connection with Beldaur P. S. Case No. 172 of 2012.

(Prabhat Kumar Jha, J) Kanchan/- U T