Patna High CourtCR. MISC./48281/2014bail granted

Shambhu Kumar @ Shambhu Mahto v. The State Of Bihar

2015-04-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48281 of 2014 Arising Out of PS.Case No. -106 Year- 2014 Thana -MOKAMAH District- PATNA ====================================================== Shambhu Kumar @ Shambhu Mahto S/o Sita Ram Mahto Resident of Village Kanhaipur, P.S. Mokama, District Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Durgesh Nandan, Advocate.

For the Opposite Party : Mr. Ajay Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2015 Heard both sides.

The petitioner seeks bail in Mokama P.S. Case No. 106 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.

Rita Devi made allegation that her son Subesh Kumar and other in-laws have demanded money, on refusal to give money on the order of son of the informant Subesh Kumar, Satish Kumar and Shambhu Kumar @ Shambhu Mahto the petitioner are alleged to have fired which hit on the back of the informant. Learned counsel for the petitioner submits that Tulasi Kumar the son of the informant made statement under Section 164 of the Cr.P.C. and disclosed that Satish Kumar fired which hit his

Patna High Court Cr.Misc. No.48281 of 2014 (4) dt.23-04-2015 2/2 mother. From the injury report, it appears that the injured received one wound of entry and another wound of exit caused by firearm. The petitioner is in jail since 27.07.2014.

Considering the facts aforesaid and the fact that the petitioner is not the assailant of the informant, 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 Ran Vijay Kumar, the learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Mokama P.S. Case No. 106 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T