Patna High CourtCR. MISC./54024/2017bail granted

Vishal Kumar @ Vishal Singh v. The State Of Bihar

2017-11-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54024 of 2017 Arising Out of PS.Case No. -628 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Vishal Kumar @ Vishal Singh, Son of Ram Prasad Singh, Resident of Village- Mahpura, P.S. Mahishi, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Saharsa P.S. Case No. 628 of 2016 registered under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

Some unknown miscreants are said to have resorted firing upon the vehicle of the informant while he was proceeding to Surya Hospital along with his driver.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. No incriminating article has been recovered from his conscious physical possession. His name has surfaced in the case only on the basis of confessional statement of co-accused Kartik Kumar. The

Patna High Court Cr.Misc. No.54024 of 2017 (2) dt.13-11-2017 2/2 informant has not sustained any injury. Co-accused, Santosh Kumar Yadav, has been enlarged on bail by a co-ordinate bench of this court vide order dated 16.02.2017 passed in Cr. Misc. No. 54082 of 2016. The petitioner has been languishing in custody since 02.09.2016.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on 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, Saharsa in connection with Saharsa P. S. Case No. 628 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T