Devendra Singh @ Laltun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14125 of 2017 Arising Out of PS.Case No. -55 Year- 2015 Thana -NIYAMCHANDPUR District- BEGUSARAI ======================================================
1. Devendra Singh @ Laltun Singh Son of Haridwar Singh, resident of village - Chandpur, P.S. Neema Chandpura, District - Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandeep Kumar For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Heard the parties.
The petitioner seeks regular bail in connection with Chandpura P.S.Case No.55 of 2015 registered for offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation as per F.I.R. is that six persons with arms stopped the informant and fired upon him. The specific allegation against the petitioner is that he fired on the informant causing burn injury on his shoulder and there is also allegation against the other accused persons of firing.
It is submitted on behalf of the petitioner that the petitioner is in custody for about six months and he has no criminal antecedent.
Patna High Court Cr.Misc. No.14125 of 2017 (5) dt.16-05-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.
Having heard both sides, no doubt allegation as per F.I.R. there is allegation of firing, which is serious in nature but it could only cause burn injury of the informant and he is in custody for about six months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. VI, Begusarai in connection with Neema Chandpura P.S.case No.55 of 2015.
With following conditions :
(i) One of the bailors of the petitioner shall be close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U