Nawal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.21499 of 2016 (2) dt.20-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21499 of 2016 Arising Out of PS.Case No. -400 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Nawal Singh S/o Late Sakaldeo Singh resident of Village - Sabdalpur, P.S. - Sahebpur Kamal, District : - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Choubey For the Opposite Party/s Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 20.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 307 and other allied sections of the Indian Penal Code as well as section 27 of the Arms Act.

Petitioner is said to have opened fire causing firearm injury on the chest of the informant but submission on behalf of the petitioner is that the informant did not sustain any firearm injury which is evident from perusal of annexure 2 to this petition. Annexure 2 to this petition goes to show that one lacerated wound 1⁄2 " x 1⁄2" x 1⁄4 " above left nipple on left chest was found and the doctor opined that the aforesaid injury was caused by hard and blunt substance who kept his opinion reserved in respect of nature of the injury till receipt of x-ray report.

Learned counsel for the petitioner further drew my attention

Patna High Court Cr.Misc. No.21499 of 2016 (2) dt.20-05-2016 towards annexure 2/1 and submitted that after receipt of x-ray report, no bony injury was found on the person of the injured and, therefore, doctor found the aforesaid injury simple in nature. Petitioner is in jail custody since 29.2.2016 and the first information report reflects that alleged occurrence took place on account of land dispute. Moreover, petitioner does not have any criminal antecedent.

Regard being had to the above stated facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Begusarai in Sahebpur Kamal P.S. Case no. 400/2015.

shahid (Hemant Kumar Srivastava,J) U T