Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2511 of 2017 Arising Out of PS.Case No. -31 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ====================================================== Vishal Kumar, son of Sri Kidar Chaudhary @ Kasar Chaudhary, resident of village-Madhapur Chapra, Pusa Bazar, P.S.-Pusa, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sakra P.S. Case No.31 of 2014 registered for the offence punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner gave an order to shoot and then Pradeep Kumar Chaudhary shot the informant. The other youths also opened fire, but luckily that does not hit him. The occurrence has been caused to take revenge due to deposing in the murder case by the father of the informant. The petitioner was pressurizing to withdraw the case which has been lodged by the wife of the informant against the petitioner. Submission is of false implication and that the

Patna High Court Cr.Misc. No.2511 of 2017 (2) dt.31-01-2017 petitioner has not caused any injury, he is simply arrayed as an order-giver, he is suffering in custody since 29.11.2016 and now he has been sufficiently penalized.

Learned A.P.P. submits that at the instigation of the petitioner fire was shot.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Muzaffarpur in connection with Sakra P.S. Case No.31 of 2014, 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.

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