Patna High CourtCR. MISC./1841/2016bail granted

Kariya Singh v. The State Of Bihar

2016-01-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1841 of 2016 Arising Out of PS.Case No. -236 Year- 2015 Thana -BARHARA District- BHOJPUR ======================================================

1. Kariya Singh Son of Raja Singh Resident of Village- Paiga, P.s Barhara, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to have opened fire causing firearm injury to the informant. The photo stat copy of injury report of the informant has been annexed as Annexure-2 to this petition and the aforesaid injury report reveals that altogether five injuries were found on the person of the informant but almost all the injuries were abrasion said to be caused by gun shot and one injury was found simple in nature whereas opinion regarding the nature of the other injuries was kept reserved. The impugned order of the learned Sessions Judge shows that the petitioner is in jail custody since 21.01.2015 and his prayer for bail was rejected by the court below on 20.11.2015 but till that date the complete injury report of

Patna High Court Cr.Misc. No.1841 of 2016 (2) dt.21-01-2016 2/2 the informant could not be produced by the prosecution. Moreover, the alleged occurrence is said to have taken place on account of land dispute.

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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara P.S.Case No. 236 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T