Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29424 of 2020 Arising Out of PS. Case No.-363 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== RAHUL KUMAR Son of - Late Arun Singh @ Late Arun Kumar Singh Resident of - Ward No. 14, Near Barauni-3, Chabilpur Tola, B. Deorhi, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/341/323/ 325 /379 / 504/506/386 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of commission of assault with the butt of the pistol. Petitioner has got criminal cases under the Bihar Prohibition and Excise Act. The

Patna High Court CR. MISC. No.29424 of 2020(2) dt.09-11-2020 2/2 petitioner is in custody since 02.03.2020. Investigation of the case is already complete.

Submission is that no offence under Section 307 of the Indian Penal Code is made out as the petitioner was not carrying intention to commit murder otherwise he would have used the pistol itself instead of the butt.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Teghra P.S. Case No.363 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T