Brij Kishore Bhandari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9254 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- KAMTAUL District- Darbhanga ====================================================== BRIJ KISHORE BHANDARI S/o Late Ram Bilash Bhandari Resident of Village- Brahampur, P.S.- Kamtaul, Distt- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parth Gaurav For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-06-2020 Heard learned counsel for the parties.
This application for regular bail arises out of Kamtaul P.S. Case No. 154 of 2019, disclosing offences punishable under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
It has been alleged in the F.I.R. that the petitioner had started opening fire with his gun outside the doorway of the informant's house. The maternal uncle of the informant, allegedly had received gunshot injuries in his leg. The petitioner was apprehended allegedly by the villagers with a pistol and one live cartridge.
Learned counsel appearing on behalf of the petitioner has drawn my attention to the injury report which indicates the
Patna High Court CR. MISC. No.9254 of 2020(3) dt.01-06-2020 2/2 injury sustained by the informant's maternal uncle to be simple in nature caused by hard and blunt substance. He has accordingly submitted that the prosecution case is entirely false. He has submitted that since the recovery of firearms was allegedly made by the villagers, the offence under the Arms Act to that extent is bailable. The petitioner is in custody since 21.10.2019.
Considering the facts and circumstances and the nature of accusation as noted above, this application is allowed. Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Kamtaul P.S. Case No. 154 of 2019.
(Chakradhari Sharan Singh, J) AKASH/- U T