Vishal Kumar @ Jata Kumar @ Jata v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22609 of 2023 Arising Out of PS. Case No.-624 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== VISHAL KUMAR @ JATA KUMAR @ JATA Son of Binda Mahato R/VKarbola Tola, Ward no. 2, PS- Kumarbagh O.P Dist- West champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner seeks bail in connection with Chanpatiya P.S. Case No. 624 of 2022 registered for the offence under Sections 341, 324, 307 and 337 of the Indian Penal Code and under Section 27 of the Arms Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 15.09.2022.
4. The allegation against the petitioner is to cause firearm injuries to informant, while attending Orchestra party on 13.11.2022 at about 12:30 A.M.
5. Learned counsel appearing on behalf of the petitioner submitted that if the narration of F.I.R. be taken into consideration, which is authored by injured himself, it is apparent that the firing was not made with intention to cause death, which is prime consideration
Patna High Court CR. MISC. No.22609 of 2023(3) dt.02-08-2023 2/2 to make out a case under Section 307 of the Indian Penal Code. It is submitted that informant/injured received injury out of accident, where firing appears celebratory firing on the occasion of Orchestra as surfaced during the course of investigation. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above and by taking note of the fact as alleged firing not appears to be made intentionally to cause death of informant/injured coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 15.09.2022, accordingly, above named petitioner is directed to be released on bail in connection with Chanpatiya P.S. Case No. 624 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T