Rajeev Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36934 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Rajeev Kumar Sinha son of Shri Jitendra Prasad Sinha resident of Village- Gadhiya P.S.-- Chautham, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Petitioner and four others are said to have encircled the informant and after that petitioner and one other accused opened fire one by one on the informant but both the firings did not hit the informant. The informant hidden himself in a room and after that F.I.R. named accused, Mani Kant Choudhary opened fire through window of the said room causing injury on the hands of the informant. The reason behind the alleged occurrence is said

Patna High Court Cr.Misc. No.36934 of 2016 (2) dt.01-09-2016 2/2 that informant was witness in a criminal case which had been lodged against F.I.R. named accused, Mani Kant Choudhary. Submission on behalf of the petitioner is that the petitioner had contested Mukhiya election in the year 2001 against the informant and petitioner won the said election and, therefore, the informant has grudge and inimical terms with the petitioner and that is the reason of false implication of the petitioner in the present crime.

On the other hand, learned counsel appearing for the informant opposed the prayer submitting that blood was found on the place of occurrence and moreover, petitioner does have criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Chautham P.S. Case No. 87 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T