Suresh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24040 of 2017 Arising Out of PS.Case No. -350 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Suresh Singh, son of Late Jagdish Singh resident of village Senuariya, Police Station Majhaulia, District West Champaran. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Lalan Kumar Verma, Adv. For the State : Smt Usha Kumari No-1, APP 247 For the informant : Mr. Umesh Chandra Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-06-2017 Heard the learned counsel for the petitioner, the informant and the State.
This is a petition for grant of regular bail for offence under Sections 341, 147, 149, 323, 307, 363 and 506 of the Indian Penal Code.
Allegation against the petitioner is that he assaulted with the butt of the pistol at the head of the informant. The doctor has found simple injury caused by hard and blunt substance. Submission of the learned counsel for the petitioner is that if the petitioner would have intention to commit murder, he would have used the pistol rather than it's butt, hence, offence under Section 307 of the Indian Penal Code is not attracted in the facts and circumstances of this case. The petitioner is in custody since 16.03.2017.
The learned counsel for the informant opposed the prayer for bail.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like
Patna High Court Cr.Misc. No.24040 of 2017 (3) dt.28-06-2017 2/2 amount each in connection with Majhaulia P.S. Case No. 350 of 2016 to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, or successor Court.
(Birendra Kumar, J) SA/- U √ T √