Patna High CourtCR. MISC./45087/2015bail granted

Md. Lutti v. The State Of Bihar

2016-02-04Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.45087 of 2015 (3) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45087 of 2015 Arising Out of PS.Case No. -809 Year- 2014 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Md. Lutti S/o Md. Nasir Resident of Mohalla - Baluahi, P.S. & District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Chandra For the Opposite Party/s Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 04.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 27.12.2014 in a case registered under section 307 and other minor sections of the Indian Penal Code and 27 of the Arms Act on the accusation that he opened fire causing grievous injury on the nose of the injured. The contention on behalf of the petitioner is that para 36 of the case diary in which further statement of the informant, has been recorded, reflects that he was not eye-witness of the alleged occurrence.

Moreover, petitioner has sufficiently been punished by remaining in jail custody since long.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.45087 of 2015 (3) dt.04-02-2016 amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Khagaria P.S. Case no. 809/2014.

shahid (Hemant Kumar Srivastava,J) U T