Suraj Kumar @ Suraj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34665 of 2019 Arising Out of PS. Case No.-470 Year-2017 Thana- KUDHNI District- Muzaffarpur ====================================================== SURAJ KUMAR @ SURAJ SAH Son of Arun Sah Resident of Village - Kishunpur Balore, P.S.- Kudhani, Distt - Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the petitioner and the State.
The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 307/34 of the IPC and Section 27 of the Arms Act. The petitioner is languishing in custody since 28.11.2017.
The accusation against the petitioner is of causing injury on the chest of the son of the informant, namely, Sanni Kumar. Learned counsel for the petitioner submits that the injured, Sanni Kumar has been examined during trial as P.W.-5, wherein he has stated that some unknown person fired upon him and not by the petitioner.
Earlier prayer for bail of the petitioner was rejected vide order dated 25.04.2018, passed by a Co-ordinate Bench of this
Patna High Court CR. MISC. No.34665 of 2019(2) dt.29-05-2019 2/2 Court (now retired), in Cr. Misc. No. 9835 of 2018, with a liberty to the petitioner to renew prayer for bail if the trial is not concluded within one year.
Considering the fact that the accusation is not being corroborated by the statement of the injured and the liberty given by a Co-ordinate Bench of this Court, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 13th A.D.J., Muzaffarpur in connection with S. Tr. No. 382 of 2018, arising out of Kudhani P.S. Case No. 470 of 2017.
(Dinesh Kumar Singh, J) Amrendra/- U T