Bhum Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4048 of 2017 Arising Out of PS.Case No. -69 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Bhum Singh, S/o Late Sanjay Singh, Resident of Village-Kathel, P.S.- Amarpur, District-Banka.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The petitioner prays for regular bail for the offence under Sections 323, 341, 307, 384, 504, 506/34 of Indian Penal Code.

Allegedly, due to non-fulfillment of demand of Rs. 1,000/- as ransom, the petitioner opened fire upon the informant which hit below his left knee. Thereafter, with the help of villagers, petitioner was caught but his family members and other co-accused ran away.

Submission is of false implication and that the petitioner has voluntarily surrendered on 08.11.2016 and since then, he is in custody, petitioner has got no criminal antecedent,

Patna High Court Cr.Misc. No.4048 of 2017 (2) dt.06-03-2017 2/2 the informant has filed compromise petition and also sworn affidavit showing innocence of the petitioner vide Annexure-3 series, there is no allegation of repeating of firing and as such, the petitioner deserves sympathetic consideration. Learned A.P.P. submits that the informant has retracted from his earlier version.

In the facts and circumstance stated above, the petitioner abovenamed is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur PS case no. 69 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from the privilege of bail.

(Jitendra Mohan Sharma, J.) rinkee/- U T