Chhotelal Singh @ Gorelal Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28913 of 2015 Arising Out of PS.Case No. -47 Year- 2013 Thana -MANIHARI District- KATIHAR ======================================================
1. Chhotelal Singh @ Gorelal Singh S/o Mukit Singh @ Mukti Singh
2. Manoj Kumar S/o Janardhan Singh Both R/o village- Maheshpur, Kumaripur, P.S.- Manihari, District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bidhan Chandra Jha For the Opposite Party/s : Mr. Navin Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-07-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341,323,325 and 307/34 of the Indian Penal Code and section 27 of the Arms Act.
It is alleged that petitioner no. 2 assaulted with the barrel of the pistol on the head of the informant when the informant fell down then petitioner no. 1 Chhotelal Singh alias Gorelal Singh fired causing injury on the chest of the informant.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.28913 of 2015 (2) dt.24-07-2015 2/3 petitioners that for the occurrence of 4.4.2013 the fardbeyan was recorded on 7.4.2013 when the informant was conscious. More over, co accused Jagarnath Singh lodged a case against the informant at earlier point of time. It is further submitted that similarly situated accused Dinkar Singh alias Dinkar Kumar and others have been granted bail vide Cr. Misc. No. 9257 of 2014.
Considering the fact that the injury caused by petitioner no. 1 Chhotelal Singh has been found to grievous, let the learned court below consider the prayer for regular bail of the petitioner no. 1 in case the petitioner no. 1 surrenders within six weeks from today in connection with Manihari P.S. Case No. 47 of 2013 pending in the court of learned C.J.M., Katihar.
So far as petitioner no. 2 Manoj Kumar is concerned, since the injury caused by him is simple in nature and Statement has been made in paragraph 3 of the petition that the petitioner no. 2 has no criminal antecedent, let the above named petitioner no. 2 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two
Patna High Court Cr.Misc. No.28913 of 2015 (2) dt.24-07-2015 3/3 sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Manihari P.S. Case No. 47 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T