Harilal Sada @ Urilal Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43323 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- NIMACHANDPURA District- Begusarai ====================================================== Harilal Sada @ Urilal Sada S/o Paltu Sada @ Paltan Sada R/o vill - Banduar (Bandwar) Musahari Tola, ward no. 02, P.S. - Nimachandpura (Neemachandpura), Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP For the informant : Mr. Ranvijay Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Nimachandpura (Neemachandpura) P.S. Case No. 03 of 2024 corresponding to Sessions Trial No. 374 of 2024 registered for the offence punishable under Section-307 of the Indian Penal Code and Sections-25(1-b)a, 26, 27 of the Arms Act.

3. It is alleged that on the tip off, the informant raided the place of occurrence and apprehended the petitioner from whose possession, one loaded country-made pistol and one empty cartridge has been recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The petitioner is a person of clean antecedent and he is under

Patna High Court CR. MISC. No.43323 of 2024(3) dt.24-09-2024 2/2 custody since 18-01-2024. It has also been submitted that the impugned order itself shows that the injuries suffered by Shyam Sahni are simple in nature, caused by hard and blunt substance. By quoting paragraph-60 of the case diary, learned District Judge has mentioned that the injuries are simple caused by hard and blunt substance. Though a prescription was produced by Shyam Sahni of Sadar Hospital, Begusarai in which, it has been mentioned that the doctor primarily found gun shot injury.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts coupled with the period of incarceration as well as clean antecedent of the petitioner, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anand Kumar Singh-1, learned Additional Sessions Judge-III, Begusarai in connection with Nimachandpura (Neemachandpura) P.S. Case No. 03 of 2024 corresponding to Sessions Trial No. 374 of 2024 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T