Patna High CourtCR. MISC./49183/2017bail granted

Mewalal Goswami @ Mewalal Mishra v. The State Of Bihar

2017-11-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49183 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -ISHOPUR District- BHAGALPUR ====================================================== Mewalal Goswami @ Mewalal Mishra, Son of Kailash Mishra, Resident of Village- Ishipur, P.S.- Ishipur Barahat, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Ishipur Barahat P.S. Case No. 26 of 2017 dated 05.05.2017 instituted for the offences under Section 302 of the Indian Penal Code read with Section 27 of the Arms Act.

The father of the informant died as a result of firing resorted to by the petitioner.

The informant as well as the deceased had gone to attend the marriage function where the petitioner is said to have opened fire for celebrations. In the second round of firing, the muzzle was pointed towards the deceased and accidentally the deceased was hit by the bullet. There was no intention of the petitioner to kill the deceased.

Patna High Court Cr.Misc. No.49183 of 2017 (3) dt.28-11-2017 2/2 The petitioner is in custody since 09.05.2017 and he does not have any criminal antecedent. Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIII, Bhagalpur in connection with Ishipur Barahat P.S. Case No. 26 of 2017, G.R. No. 2132 of 2017.

(Ashutosh Kumar, J) Shageer/- U T