Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46937 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -GOH District- AURANGABAD ====================================================== Santosh Kumar son of Late Dew Prasad Singh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report with accusation that he opened fire causing firearm injury on the left hand of the informant.

According to the prosecution case itself, the alleged occurrence took place on 27.05.2015 at about 5.p.m but informant gave his written report on 03.06.2015 and explanation regarding the aforesaid delay has been given in the written report to the effect that after having taken the treatment he came to police station and gave the first information report but the learned counsel for the petitioner drew my attention towards discharge ticket and submits that informant was discharged from the hospital on 29.05.2015 but he lodged the case on 03.06.2015 and

Patna High Court Cr.Misc. No.46937 of 2015 (2) dt.07-10-2015 2/2 moreover, the first information report reached before the court on 05.06.2015, i.e, after more than 48 hours.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh P.S.Case No. 95 of 2015.

(Hemant Kumar Srivastava, J) Namita/- U T