Navin Kumar @ Naveen Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74317 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- HALSI District- Lakhisarai ====================================================== Navin Kumar @ Naveen Singh Son of Late Baldeo Singh Resident of Village - Baghaur, P.S. Halsi,Distt.-Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur Mr. Nilesh Kumar Mr. Pravin Kumar Mr. Shashank Shekhar, Advocates For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Halsi P.S. Case No.39 of 2018 registered for the offence punishable under Sections 147, 148, 149, 307, 341, 323, 307, 440, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
Informant has alleged that while his brother was harvesting his wheat crops, F.I.R. named six accused persons came there variously armed and Vikesh Kumar fired from his pistol on his brother Dayanand Sharma which hit in his left arm. Allegation against the petitioner Navin Kumar and co-accused, Suvin Kumar is of assaulting on the head of his brother causing head injury.
Patna High Court Cr.Misc. No.74317 of 2018(2) dt.17-12-2018 2/3 It has been submitted on behalf of the petitioner that by which weapons the petitioner and other co-accused, Suvin kumar have assaulted on the head of the brother of the informant have not been stated in the F.I.R.. Petitioner has falsely been implicated in this case. It has further been submitted that injury is simple in nature. Petitioner is in custody since 28.09.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Halsi P.S. Case No.39 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.74317 of 2018(2) dt.17-12-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T