Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47214 of 2014 Arising Out of PS.Case No. -127 Year- 2014 Thana -SUPAUL District- SUPAUL ====================================================== Md. Salam Son of Alauddin resident of Village : Gopalpur Sire Tola Mariya, P.S. : Supaul, District : Supaul.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv. For the Opposite Party/s : Mr. Abhay Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 380 of the IPC and 27 of the Arms Act.

Allegation against the petitioner is to have shot fire which caused injury in the stomach of Badruddin, father of the informant.

It is submitted that from perusal of the injury report it appears that Badruddin has got one gun shot injury below his chest but in paragraph 53 of the case-diary he has not named the petitioner to have shot fire. In paragraph 24 of the case-diary, Allauddin has stated that Md. Jamir had shot fire which caused

Patna High Court Cr.Misc. No.47214 of 2014 (3) dt.13-04-2015 2/3 injury in the stomach of Badruddin. After investigation, chargesheet has already been submitted. The petitioner has no criminal antecedent.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul /court concerned in Supaul P. S. Case No. 127 of 2014, corresponding to G. R. No. 453 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T

Patna High Court Cr.Misc. No.47214 of 2014 (3) dt.13-04-2015 3/3