Parmeshwari Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47900 of 2017 Arising Out of PS.Case No. -42 Year- 2015 Thana -KUMARGHAND District- MADHEPURA ======================================================
1. Parmeshwari Das, Son of Ram Das, resident of Village- Chharrapatti, P.S. Kumarkhand, District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-01-2018 Heard the counsels for the parties.
The petitioner seeks bail in connection with Kumarkhand P.S. Case No. 42 of 2015 dated 01.04.2015, which was initially instituted for the offence under Section 394 of the Indian Penal Code, but later Sections 307 of the Indian Penal Code and Section 27 of the Arms Act were added.
The conductor of a bus has lodged the F.I.R. that 3 to 4 miscreants who came on motorcycle, stopped the bus and one out of them fired at the driver. The informant was divested of his telephone and Rs. 225/-, which he was carrying on his person. The F.I.R. was registered against unknown, but the name of the petitioner has transpired in the statement of the driver of the vehicle, who is alleged to have been shot at. The driver of the
Patna High Court Cr.Misc. No.47900 of 2017 (3) dt.02-01-2018 2/2 vehicle has alleged that on the order of the petitioner, one Gulabchand Yadav had fired at him from his weapon. Learned counsel for the petitioner has drawn the attention of this Court to the fact that the petitioner is having litigation with the driver of the aforesaid vehicle and is aged about 70 years, whereas in the F.I.R. it has been specifically stated that the age of the miscreants was between 25 to 30 years. The petitioner is in custody since 29.07.2017 and does not bear any criminal antecedent.
Taking into account the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Madhepura in connection with Kumarkhand P.S. Case No. 42/2015.
(Ashutosh Kumar, J.) Rakhi U T