Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20426 of 2019 Arising Out of PS. Case No.-461 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SAURABH KUMAR Son of Pramod Singh Resident of Village - Ratanpur, P.S. Town (Ratanpur O.P.), Distt - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons, variously armed, shot fire at the informant due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.20426 of 2019(3) dt.17-05-2019 2/2 There is no injury report on record to show whether the nature of injury is simple or grievous. Hence, it cannot be ascertained whether an offence under section 307 IPC is made out or not. At best, it is a case for an offence under Section 325 IPC. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil (Singhaul O.P.) P.S. Case No. 461/18. (Sudhir Singh, J) Pankaj/- U T