Narendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24277 of 2018 Arising Out of PS. Case No.-18 Year-2017 Thana- GAURICHAK District- Patna ====================================================== Narendra Kumar, Son of Suryanath Singh, Resident of Village- Taranpur, P.S.- Gaurichak, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur Mr. Pravin Kumar Mr Shashank Shekhar For the Opposite Party/s :
Mr. Ram Naresh Ray For the Informant :
Mr. Sandeep Kumar Mr. Vinod Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Gaurichak P.S. Case No. 18 of 2017, registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 324, 379, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
The learned counsel for the petitioner submits that the injury received by the informant, said to be attributable to the petitioner herein, is in the stomach where a bullet is said to have lodged, however, the same has been found by the Doctor to be simple in nature. It is submitted that the brother of the petitioner
Patna High Court Cr.Misc. No.24277 of 2018(4) dt.03-07-2018 2/3 has also been inflicted with firearm injury, which is grievous in nature and in nutshell, both the sides have received grievous injuries. It is further submitted that the co-accused person has already been released on bail by an order dated 29.05.2018 passed by this Court in Criminal Miscellaneous No. 20613 of 2018. The petitioner is stated to be languishing in custody since 14.03.2018.
Per contra, the learned counsel for the informant has stated that the privilege of bail be not granted to the petitioner herein because the informant has apprehension that the petitioner will not cooperate in the framing of charge and the subsequent trial, if any. It is further submitted that the informant is also wary of the designs of the petitioner herein especially, after being released on bail.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Patna City in connection with Gaurichak P.S. Case No. 18 of 2017. It is further directed that the petitioner would mark his
Patna High Court Cr.Misc. No.24277 of 2018(4) dt.03-07-2018 3/3 attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the regular bail shall stand cancelled automatically. It is further directed that the petitioner shall appear before the concerned court on each and every date so fixed and the informant would be at liberty to approach this Court in case of any violation of the conditions prescribed for grant of bail. (Mohit Kumar Shah, J) ajay gupta/- U T