Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22935 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== BANTI KUMAR Son of Sadanand Yadav Resident of Village - Chapar, P.S.- (Rangra O.P.) Gopalpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandeep Jha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and Sri Ram Bilash Roy Raman, learned APP for the State.

Petitioner seeks bail in connection with Gopalpur (Rangra) P.S. Case no. 190 of 2020 registered for the offence punishable under sections 307, 504 and 506/34 of the Indian Penal Code read with section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is in custody since 7.6.2020 and charge sheet has been submitted. Learned counsel submits that allegation in the FIR is that Banti Kumar (petitioner) under the influence of liquor fired at the brother of the informant hitting in his mouth and thereafter Saurav Yadav fled away with pistol. Learned counsel for the petitioner submits that allegation as alleged in the FIR is completely false and fabricated. He further states that if a person

Patna High Court CR. MISC. No.22935 of 2021(3) dt.16-12-2021 2/2 would have been hit by fire arm in his mouth, he would have died instantly. Learned counsel further submits that during course of investigation, police has not brought injury report of the petitioner in the case diary. Based on the submissions of learned counsel for the petitioner, the court by order dated 16.11.2021 had called for legible copay of the case diary. Case diary has been received.

Learned APP after going through the case diary very fairly submits that injury report is not on record. Considering the facts that petitioner is in jail custody, charge sheet has been submitted and there is no injury report in the case diary, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Naugachia in Gopalpur (Rangra) P.S. Case no. 190 of 2020.

(Satyavrat Verma, J) s.hassan/- U T