Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48656 of 2017 Arising Out of PS.Case No. -316 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhim Singh, Son of Sri Chandeshwar Singh, Resident of VillageMadhopur, P.S.- Majhaulia, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2017 Heard the counsels for the petitioner, informant and the State.

The petitioner seeks bail in connection with Motihari Town P.S. Case No. 316/2017 dated 04.05.2017 instituted for the offences under Sections 341, 326, 307 and 120B of the Indian Penal Code read with Section 27 of the Arms Act. The F.I.R. has been registered against unknown. The informant has alleged that while he along with one Jitendra Thakur (injured) were going for a walk, miscreants on two motorcycles opened fire at them. The informant fell down on the ground, but was not hit by any gun shot. His associate, viz. Jitendra Thakur was seriously injured and had to be hospitalized. After about a month of hospitalization, aforesaid Jitendra Thakur

Patna High Court Cr.Misc. No.48656 of 2017 (3) dt.21-12-2017 2/2 made statement before the police alleging that co-accused Munna, Avaneet and Sanjeev had fired at him. In that connection, aforesaid Jitendra Thakur has named the petitioner as the person who was driving one of the motorcycles.

Learned counsel appearing for the petitioner has submitted that one of the co-accused persons, having almost similar allegation as that of the petitioner, has been granted bail by a co-ordinate Bench of this Court.

The petitioner is in custody since 08.05.2017 and he is an accused in one other case, apart from the present case. Regard being had to the fact that the petitioner has not been alleged to have opened fire at the injured and his period of custody, this Court is inclined to grant bail to him. The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 316/2017. (Ashutosh Kumar, J.) Rakhi U T