Vikky Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53689 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Vikky Mishra, S/o Lakho Mishra, R/o village- Ramdiri (Loka Singh Tola), P.S.- Matihani, District- Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vinod Gautam, Advocate For the Opposite Party : Mr. Ashok Kumar Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offences punishable under Sections 307, 324/34 of the Indian Penal Code and under Section 27 of the Arms Act. It is alleged that on the date of occurrence the informant along with Kari Singh, Mukesh Singh and Chintu Singh were taking wine in the shop of Kari Singh at Paspura Dhala and some dispute arose in the course of taking wine then all the accused persons with common intention to kill, started indiscriminate firing upon informant as a result of which one fire shot hit below the left Pakhura and upper armpit of the informant. Informant raised hulla then people reached there and accused persons fled away. It is mentioned in para-6 of impugned order that the doctor has found two injuries on the person of injured and

Patna High Court Cr.Misc. No.53689 of 2016 (2) dt.14-12-2016 2/2 also recovered bullet after surgery. The doctor has also mentioned that injury was caused with firearm and dangerous to life. It is further mentioned in the impugned order that there is criminal antecedent of the petitioner and there are five cases against the petitioner.

Learned counsel for the petitioner has submitted that co-accused Chintu Kumar @ Bauwa @ Chintu Singh with similar allegation has been granted bail by Co-ordinate Bench of this Court vide Cr. Misc. No. 2012 of 2016 passed on 22.01.2016. From the written report it is not clear who is the author of injury caused to the informant. It is further submitted that petitioner has been granted bail in all the five cases pending against him. It is alleged that petitioner is in custody since 28.07.2015. Keeping in view the period of custody of the petitioner and also the fact that there is no specific allegation against the petitioner, let the petitioner, above named, 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 learned Additional Sessions Judge-VII, Begusarai in connection with Begusarai (Muffasil) P.S. Case No. 143 of 2015. (Sanjay Priya, J.) ravi/- U T