Pintu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14428 of 2017 Arising Out of PS.Case No. -264 Year- 2016 Thana -KATEYA District- GOPALGANJ ====================================================== Pintu Pandey, son of Birendra Pandey, resident of Village- Bairiya Tola Mahui, Police Station- Kateya, District- Gopalganj. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kateya P.S.Case No. 264 of 2016 registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is that he shot fire causing gun shot injury on the son of the informant. It has been submitted on behalf of the petitioner that prior to filing of present case petitioner has filed a case against the informant and due to that petitioner has falsely been implicated in this case and the injury was not at the vital part of the body, rather it is on left thigh and opinion is kept reserved for that. Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and considering the fact that

Patna High Court Cr.Misc. No.14428 of 2017 (3) dt.12-04-2017 2/2 there is case and counter case, injury was not on the vital part and period of custody is about four months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XV, Gopalganj, in connection with Kateya P.S.Case No. 264 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U