Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29275 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== 1.
CHANDAN KUMAR Son of Pappu Singh Resident of village - Telihar, ward no. 02, P.S. - Beldaur, Distt. - Khagaria 2.
Sintu Kumar Son of Pappu Singh Resident of village - Telihar, ward no. 02, P.S. - Beldaur, Distt. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 307, 354(B), 380, 387, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Petitioner no. 1 is alleged to have fired from his pistol but nobody sustained firearms injury. Petitioner no. 2 is alleged to have assaulted with the butt of the pistol.
4. Learned counsel for the petitioners submits that doctor has found simple injury. In this case F.I.R. has been lodged after a delay of seventeen days and there is no
Patna High Court CR. MISC. No.29275 of 2023(2) dt.17-07-2023 2/2 explanation for the same which itself creates doubt about the veracity of the occurrence. Petitioner no. 1 has lodged Beldaur P.S. Case no. 46 of 2022 against Arun Kumar and others prior to the present case.
5. Learned counsel for the State vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No. 159 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Alok Verma/- U T