Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30322 of 2021 Arising Out of PS. Case No.-310 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Piyush Kumar Son of Late Champan Singh @ Niranjan Singh Resident of Village - Pansalla, Police Station - Mufassil Lakho, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Kumar,Advocate Mr.Rai Mukesh Sharma,Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

30-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Mufassil Lakho P.S. Case No. 310 of 2020, registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner is alleged to have fired on the informant and caused fire-arm injury on his thigh.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case due to enmity and village politics. The injury has been found to be simple in nature caused on non-vital part of the body. It is further submitted that present case has been lodged in retaliation of a case filed by mother of petitioner, vide Mufassil P.S. Case No.

Patna High Court CR. MISC. No.30322 of 2021(3) dt.30-09-2021 2/2 171 of 2020, against the informant. Petitioner has got clean antecedent and he is in custody since 04.02.2021. Chargesheet has been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Mufassil Lakho P.S. Case No. 310 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T