Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29142 of 2017 Arising Out of PS.Case No. -174 Year- 2017 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Suraj Kumar, son of Chandra Kishore Singh, resident of Village/ MohallaAdarsh Gram, Bairia Road No.- 2, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Ahiyapur P.S.Case No. 174 of 2015 registered for the offences punishable under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation as per FIR is that petitioner fired at the injured.

It has been submitted on behalf of the petitioner that informant is not an eye-witness to the occurrence and he heard the same from his daughter. However, in the statement of daughter of informant she has not stated the name of the petitioner and he has falsely been implicated in this case and he is in custody for more than four months.

Heard learned APP also, who has opposed the prayer for bail stating that injury is grievous but he could not controvert the statement of daughter of the informant in which she has not

Patna High Court Cr.Misc. No.29142 of 2017 (3) dt.27-07-2017 2/2 named this petitioner.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S.Case No. 174 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U