Bahadur Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20106 of 2017 Arising Out of PS.Case No. -81 Year- 2002 Thana -HUSAINGANJ District- SIWAN ====================================================== Bahadur Bin, son of Sachan Bin, Resident of Village - Habib Nagar, Police Station - Hussainganj, District - Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 12-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.189 of 2017, arising out of Hussainganj P.S. Case No.81 of 2002, registered under Sections 341, 324, 325 and 307/34 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that when the informant reached at his field, Lal Babu Choudhary, Hareram Choudhary, Bahadur Bin (petitioner) and Hari Kishun Choudhary were already standing there. Lal Babu and Hareram had pistols in their hands whereas Bahadur (petitioner) and Hari Kishun had Katta in their hands. Thereafter, all of them caught hold of the informant and Lal Babu

Patna High Court Cr.Misc. No.20106 of 2017 (2) dt.12-05-2017 2/2 ordered to shot fire at the informant, then Hareram fired from his pistol at the informant causing injury on back of his head and other parts of the body. The firing made by Lal Babu caused injury at the hand of the informant. Two others also caused injury to the informant through butt of the pistol.

Learned counsel appearing on behalf of the petitioner submits that the specific allegation of making fire and caused injury to the informant is against the co-accused Hareram Choudhary and Lal Babu Choudhary. The only allegation against the petitioner is to cause assault to the informant through butt of the pistol. In the present case, the petitioner is in custody since 15.04.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 5th Additional Sessions Judge, Siwan, in connection with Sessions Trial No.189 of 2017, arising out of Hussainganj P.S. Case No.81 of 2002.

(Rajendra Kumar Mishra, J) P.S./- U T