Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43719 of 2016 Arising Out of PS.Case No. -168 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Pappu Singh S/o Rambabu Singh Resident of Village-Ramdiri Nakata Tola, P.S.-Matihani, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-11-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 341, 323, 379, 307 and 324/34 of the I.P.C and section 27 of the Arms Act.

Allegedly, the petitioner and other two FIR named accused persons started assaulting the informant with butt of the rifle and when the villagers came to save him they opened fire. The petitioner assaulted the informant with butt of the rifle with an intention to kill him and Kundan Kumar opened fire but the informant was saved and the accused persons snatched Rs. 1,000/- from him.

Submission is of false implication and that no offence under section 307 of the I.P.C. is made out, as alleged no fire arm

Patna High Court Cr.Misc. No.43719 of 2016 (3) dt.16-11-2016 2/2 injury has been caused to the informant and all the injuries are caused by the hard and blunt substance, the petitioner is suffering in custody since 22.04.2016 and as such now the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that no fire arm injury has been caused but the informant has received 14 injuries out of which some are grievous.

In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Begusrai in Matihani P.S. Case No. 168 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T