Shiv Shankar Rai @ Shiv Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22799 of 2019 Arising Out of PS. Case No.-231 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Shiv Shankar Rai @ Shiv Shankar Sah Son of Late Siya Prasad Ray Resident of Village - Bilandpur, P.S.- Runnisaidpur, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Supplementary affidavit is filed on behalf of the petitioner. The same be kept on record.

In the light of statement made in the supplementary affidavit, counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the main application in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 307, 506, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the informant was taking tea at his Darwaza, the accused persons including the petitioner came there and started firing indiscriminately causing

Patna High Court CR. MISC. No.22799 of 2019(4) dt.09-07-2019 2/2 injury to the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 29-01-2019. Charge sheet has already been submitted. Both parties are agnates. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 231 of 2017.

(Sudhir Singh, J) A.K.V.//- U T