Patna High CourtCR. MISC./50071/2017bail granted

Gautam Singh v. The State Of Bihar

2017-11-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50071 of 2017 Arising Out of PS.Case No. -438 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Gautam Singh, Son of Sheo Murat Singh, Resident of Village-Damodarpur, P.S.-Bhabua, District-Kaimur (Bhabua).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bhabua P.S. Case No. 438 of 2017 registered under Sections 341, 323, 504 and 506 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that though the petitioner is named in the first information report, it would be evident from its perusal that the allegations are false, fabricated and far from truth. The petitioner is alleged to have been opened fire twice upon his own elder

Patna High Court Cr.Misc. No.50071 of 2017 (3) dt.09-11-2017 brother, but no injury was caused to him. He submitted that the petitioner has got no criminal antecedent and the informant has not only named the petitioner, who is her own brother-in-law (dewar), but her father-in-law Sheo Murat Singh also in the present case.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation made in the FIR as also relation of the petitioner with the informant, in the event of arrest or surrender in the court below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Bhabua P.S. Case No. 438 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T