Sudhir Kumar @ Murga @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14101 of 2019 Arising Out of PS. Case No.-123 Year-2017 Thana- CHANDRADIP District- Jamui ====================================================== SUDHIR KUMAR @ MURGA @ VIVEK KUMAR, Son of Birju Mahto. Resident of Village- Dhanama, P.S.- Chandradeep, District- Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Manish Kumar No2 For the Informant :

Mr.Saket Gupta Mr.Baua Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 392 of the Indian Penal Code and Section 27 of the Arms Act. According to F.I.R., the petitioner and others had entered into the house of the informant to commit robbery and in course of robbery, petitioner fired at the husband of the informant, causing injury near the jaw. Others also fired and caused firearm injury. The doctor has found three lacerated wounds, one at the right angle of mandible, other near base of left eyelid and third over left side of cheek in subcutaneous plain. Submission is that petitioner is in custody since

Patna High Court CR. MISC. No.14101 of 2019(3) dt.14-05-2019 2/2 02.01.2018 and up till now the case has not been committed to the court of Sessions for trial. Hence, there is no chance of trial in near future. Petitioner is ready to co-operate with the trial. Learned counsel for the informant opposed the prayer for bail on the basis of nature of allegation of commission of firearm injury against the petitioner.

Considering the entire facts of this case, especially the period already undergone and chances of trial being not started in near future as well as the fact that petitioner has got no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Chandradeep Police Station Case No.123 of 2017, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

The learned trial court is directed to expedite the trial. (Birendra Kumar, J) abhishek/- U T