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Patna High CourtCR. MISC./36146/2014bail granted

Sanjeet Rai @ Sanjeet Kumar @ Sanjeet Kumar Rai v. The State Of Bihar

2015-01-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32594 of 2014 Arising Out of PS.Case No. -65 Year- 2014 Thana -PHULWARI District- PATNA ====================================================== Raj Ballam Prasad Son of Late Rambhawan Rai Resident of Village - Babuchak, P.S. - Phulwarisarif, Dist.-Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s with Criminal Miscellaneous No.36146 of 2014 Arising Out of PS.Case No. -65 Year- 2014 Thana -PHULWARI District- PATNA ====================================================== Sanjeet Rai @ Sanjeet Kumar @ Sanjeet Kumar Rai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-01-2015 Both the above-said petitions arise out Fulwarisharif P.S. Case No. 65 of 2014 corresponding to Sessions Trial No. 597 of 2014 registered under Section-307 & other minor sections of the Indian Penal Code as also Section-27 of the Arms Act and accordingly, both petitions are being heard and disposed off by this common order.

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

Petitioners are in jail custody since 05-02-2014 on the accusation that they opened fire, causing fire-arm injury to

Patna High Court Cr.Misc. No.32594 of 2014 (4) dt.22-01-2015 informant's son and wife on 04-02-2014.

Learned counsel for the petitioners submits that Annexure-2 series reveal that the injury report was issued by a private hospital on 10-03-2014 and in the aforesaid injury report, the doctor, specifically, mentioned that the injured got admitted themselves on the same day i.e. 10-03-2014. It is further contended by him that moreover, even if, the prosecution story assumed to be true, then also, the alleged occurrence took place on account of petty issue.

Considering the aforesaid facts and circumstances as well as submission of the parties and also keeping in mind the period of detention of the petitioners in jail custody, let the petitioners, named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Fulwarisharif P.S. Case No. 65 of 2014 corresponding to Sessions Trial No. 597 of 2014 to the satisfaction of Ad hoc FTC-III, Patna.

(Hemant Kumar Srivastava, J) A.K.V./- U T