Bhola Bind v. The State Of Bihar

Patna High Court Cr.Misc. No.54057 of 2015 (3) dt.19-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54057 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -MANJHI District- SARAN ======================================================

1. Bhola Bind son of Late Ram Bhajan Bind, resident of village- Bangra, P.S. Rivilganj, District Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Manjhi P.S. Case No. 44 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 379 of the Indian Penal Code.

Allegedly, in the occurrence the petitioner shot the informant on his head and further co-accused Rameshwar Rai @ Pilu Rai fired from katta which hit in the back. Submission is of false implication and that no firearm injury has been found on the person of the informant Sanjeev Kumar Singh which is evident from the injury report and the injury found is by sharp and heavy weapon though grievous in

Patna High Court Cr.Misc. No.54057 of 2015 (3) dt.19-01-2016 nature. Similarly situated co-accused Rameshwar Rai has been allowed pre-arrest bail by another co-ordinate Bench of this Court vide order dated 03.11.2015 passed in Cr. Misc. No. 45998 of 2015 and the petitioner is suffering in custody since 22.09.2015. Learned APP after going through the injury report fairly submits that on the person of the informant no firearm injury has been found.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Manjhi P.S. Case No. 44 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T