Mandeesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8589 of 2017 Arising Out of PS.Case No. -245 Year- 2016 Thana -BIKRAM District- PATNA ======================================================

1. Mandeesh Singh, son of Ram Anurag Singh, Resident of VillageGorakhari, P.S.- Bikram, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2017 Heard both sides.

The petitioner seeks bail in Bikram P.S. case No. 245 of 2016 under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant named the petitioner and other accused persons and alleged that they, having armed with different weapons, including fire arms, came and surrounded the informant and began to abuse and assault. The informant protested. On the order of Ram Anurag Singh, Indrajeet Singh and Mandeesh Singh, the petitioner, are alleged to have fired. The informant further alleged that the firing made by Indrajeet Singh hit on his thigh. On alarm, his brother Raghubir Saran and Radha Krishnan came thereafter the accused persons fled away.

Patna High Court Cr.Misc. No.8589 of 2017 (4) dt.18-03-2017 2/2 Sri Rama Kant Sharma, the learned senior counsel for the petitioner, submits that the informant himself alleged that firing made by Indrajeet Singh hit on his thigh. The informant got as many as three injuries. The injury caused by fire arm is injury No.3, which is simple in nature. One lacerated wound on occipital region was also found. The same is also opined to be simple in nature. Second injury is pain and swelling on left elbow joint, which is opined to be grievous in nature on account of fracture of elbow bone. The petitioner is not the author of aforesaid injury. In fact, the petitioner is alleged to have fired but the shot made by the petitioner did not hit the informant. The informant got only one fire arm injury. The petitioner is in jail since 29.11.2016.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner 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 R. N. Singh, learned Judicial Magistrate, 1st class, Danapur, Patna in Bikram P.S. Case No. 245 of 2016.