Patna High CourtCR. MISC./46515/2016rejected

Sanjay Singh @ Chuha v. The State Of Bihar

2016-12-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46515 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Sanjay Singh @ Chuha Son of Sidheshwar Singh Resident of VillageSargaon, P.S. Noorsarai, District Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner 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 is said to have opened fire on the informant's son who sustained firearm injury. Submission on behalf of the petitioner is that the doctor has not given his opinion regarding nature of injury which is evident from perusal of injury report of injured. It is further submitted that the investigating officer has submitted charge sheet without recording the statement of injured and moreover, the

Patna High Court Cr.Misc. No.46515 of 2016 (3) dt.06-12-2016 2/2 alleged occurrence took place on account of land dispute and petitioner is in jail custody for near about five months. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail, at least, at this stage and hence, his prayer for bail in connection with Noorsarai P.S. Case No. 227 of 2015 pending in the court of Chief Judicial Magistrate, Nalanda stands rejected.

However, petitioner may renew his prayer for bail after framing of the charge.

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