Neeraj Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.23729 of 2017 (3) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23729 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -KHAIRA District- SARAN ======================================================

1. Neeraj Kumar Singh Son of Late Kanhaiya Singh, Resident of VillageRampur Kala, P.S.-Khaira, District-Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner seeks bail in Khaira P.S. Case No. 115 of 2016 instituted for the offence under Sections-341, 307, 506 of the Indian Penal Code and 27 of the Arms Act.

As per allegation in the written report, this petitioner caused fire-arm injury on the chest of the informant. Counsel for the petitioner submits that the case has been compromised between the parties. There is no final opinion of the doctor regarding injury found on the person of the injured. The independent witnesses in paras-47, 48 & 49 have stated that at the time of firing, land dispute was going on between the parties due to which, the occurrence took place.

Patna High Court Cr.Misc. No.23729 of 2017 (3) dt.29-06-2017 The C.D. has been received.

Counsel for the petitioner has submitted that witnesses in paras-47, 48 & 49 are hear-say witnesses. He stated that the doctor has found fire arm injury in the region of abdomen of the injured but no final opinion of the doctor regarding injury on the person from the PMCH has been received.

In such circumstances, taking into consideration that the case has already been compromised between the parties and the petitioner is in custody since 04-04-2017, prayer for bail is allowed. The petitioner, named above is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount in connection with Khaira P.S. Case No. 115 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-X, Saran at Chapra subject to condition that both the bailors should be close relatives of the petitioner. (Sanjay Priya, J) A.K.V./- U T