Sibu Kumar @ Satyam Kumar @ Shibu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21594 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- PUNAURA District- Sitamarhi ====================================================== SIBU KUMAR @ SATYAM KUMAR @ SHIBU KUMAR Son of Gautam Sharma Resident of Village- Gaushala Chowk, Gandhi Nagar, P.S.- Punaura, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Shamimul Hoda, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-09-2020 Heard Mr. Shamimul Hoda, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Panaura P.S. Case No. 24 of 2020 registered for the offences punishable under Sections 307/34 of the Indian Penal Code 1860 and Section 27 of the Arms Act.
The allegation against the petitioner is that he arrived at the field where the informant was playing cricket and asked the informant to vacate the pitch and when the informant told the petitioner to wait till three overs, the accused persons fired upon the informant causing injury on his left palm.
Patna High Court CR. MISC. No.21594 of 2020(4) dt.30-09-2020 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He has not committed any offence in the manner alleged. Learned counsel further submits that from perusal of the First Information Report, it appears that the incident has taken place due to trivial issue of playing cricket. Learned counsel also submits that no specific allegation of firing is upon the petitioner. On the other hand, learned counsel appearing for the State referring to the case diary submits that injury upon the informant has been caused by firearm but on non-vital part of the body i.e. on left palm.
Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that the petitioner is in custody since 22.03.2020, I am inclined to grant regular bail to the petitioner subject to the condition that he shall not commit any offence similar to the offence for which he is an accused in the present case. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Pupri at Sitamarhi, in connection with Panaura P.S. Case No. 24
Patna High Court CR. MISC. No.21594 of 2020(4) dt.30-09-2020 3/3 of 2020.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T