Sandesh Singh Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51690 of 2021 Arising Out of PS. Case No.-271 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== SANDESH SINGH NIRALA S/o- VISHWANATH SINGH Resident of Village- Barki Haldiya, P.S.- Jagdishpur, District- Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 304 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, while the petitioner was loading his licensee rifle, fire went out and hit informant's father as a result of which he died during course of treatment. Learned counsel for the petitioner submits that even in the FIR there is no allegation against the petitioner, except the fact that during marriage celebration, fire were went out and hit the informant's father. Learned counsel submits that petitioner and the deceased are relatives and the occurrence took place accidentally, as such, at best a case under section 304A of the IPC can be made out. Petitioner has claimed clean antecedent
Patna High Court CR. MISC. No.51690 of 2021(2) dt.30-11-2021 2/2 and he is in custody since 16.6.2021. Charge sheet has already been submitted.
Considering the aforesaid facts and circumstances of the case and the period of custody of the petitioner, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Koilwar Police Station Case No. 271 of 2021. (Prabhat Kumar Singh, J) shashi/- U T