Patna High CourtCR. MISC./37554/2016bail granted

Arun Mehta @ Arun Kumar Mehta v. The State Of Bihar

2016-11-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37554 of 2016 Arising Out of PS.Case No. -47 Year- 2015 Thana -TANDWA District- AURANGABAD ======================================================

1. Arun Mehta @ Arun Kumar Mehta Son of Ram Janam Mehta Resident of Village- Parshiya Rampur P.S Tandwa, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Chandra Bhaskar For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The accusation against the petitioner is that he opened fire on the informant but firing of the petitioner hit to one Karu Singh.

Annexure-2 to this petition goes to show that one Shrawan Mehta, who happens to be one of the accused of the present case, lodged Tandwa P.S.Case No. 46 of 2016 against the prosecution party of the present case and in the aforesaid case, the above stated Shrawan Mehta claimed that it was one Akash Singh, who opened fire causing firearm injury to injured Karu Singh. From perusal of the case diary, it appears that the investigating officer has mentioned the injury report of injured

Patna High Court Cr.Misc. No.37554 of 2016 (3) dt.08-11-2016 2/2 Karu Singh at para-33 of the case diary and the aforesaid paragraph goes to show that opinion regarding the nature of injury was kept reserved but it is surprising enough that even after completion of the investigation, the investigating officer did not take pain to get recorded the statement of injured Karu Singh as well as obtained the complete injury report of the injured Karu Singh.

Considering the aforesaid facts and circumstances as well as submissions of the parties and, particularly, keeping in mind that different versions are emerging regarding the injury sustained by injured Karu Singh, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Tandwa P.S.Case No. 47 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U t