Sahu @ Shivshakti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16923 of 2023 Arising Out of PS. Case No.-612 Year-2022 Thana- MALSALAMI District- Patna ====================================================== SAHU @ SHIVSHAKTI S/O- MANOJ KUMAR Village- Simli Nawabganj Ps- Malsalami Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Malsalami P.S. Case No. 612 of 2022 dated 23.10.2022 registered for the offences punishable u/s 307 of the Indian Penal Code and Section 27 of Arms Act. As per the prosecution case, the allegation against the petitioner is of firing and the bullet hit between the thighs of the informant after hitting the wall.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No. 16923 of 2023(2) dt.11-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the impugned order does not suggest the injury of the informant. He has further submitted that the informant sustained injury between the thighs which is a non-vital part of the body. The petitioner has got one more criminal case related to the Arms Act other than the present case. The petitioner is in custody since 24.11.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 concerned, Patna City in connection with Malsalami P.S. Case No. 612 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T