Sandeep Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27409 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27409 of 2016 Arising Out of PS.Case No. -342 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Sandeep Kumar son of Ram Babu Rai, resident of village-Rampur Bhikhanpura, P.S.Sahebganj, District-Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun Kumar, Advocate For the Opposite Party : Mr. Sri Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sahebganj P.S. Case No. 342 of 2014 for the offences instituted under Sections 147, 148, 149, 323, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case that on the alleged date and time of incident counting of election vote was going on, in the meanwhile, petitioner and one Pankaj fired which caused fire arm injury in the palm of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. The injury caused by the petitioner is on the non-vital part of the body, hence no offence under

Patna High Court Cr.Misc. No.27409 of 2016 (2) dt.12-07-2016 Section 307 of the IPC is made out. The matter has been compromised between the parties which is evident from Annexure-3 to the present application.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sahebganj P.S. Case No. 342 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, West Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T