Santoh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29619 of 2016 Arising Out of PS.Case No. -79 Year- 2015 Thana -CHAUTHAM District- KHAGARIA ====================================================== Santoh Kumar Singh, Son of Ramji Singh, resident of village - Baraney Sthan, P.S. Choutham, District - Khagaria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh, Advocate For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 341, 323, 307, 504, 506, 324/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is said to be armed with rifle at the time of alleged occurrence and opened fire on the informant but the informant escaped unhurt. Thereafter, one co-accused Ritesh started assaulting the informant by means of Phatta causing injury on his head. It is alleged that this petitioner too assaulted the informant with butt of rifle. Furthermore, two other injured were assaulted by the petitioner and his associates. The alleged occurrence appears to have taken place on

Patna High Court Cr.Misc. No.29619 of 2016 (2) dt.26-07-2016 2/2 account of cutting bamboo trees.

No doubt, there is allegation against the petitioner that he assaulted the informant with butt of rifle but according to the prosecution case itself, it was co-accused Ritesh, who gave injury on the head of the informant. Moreover, the informant sustained altogether four injuries but only one injury was found on the head of the informant. The doctor opened that the aforesaid injury was grievous in nature as the same was dangerous to life of the informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 C.J.M., Khagaria in connection with Choutham P.S. Case No.79 of 2015.

(Hemant Kumar Srivastava, J) N.H./- U T