Vishal @ Vishal Kumar @ Nippu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57630 of 2018 Arising Out of PS.Case No. -334 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================
1. Vishal @ Vishal Kumar @ Nippu, Son of Rajesh Kumar Gupta @ Bhuwan Kumar, Resident of in front of Didwania Jewllors, Near Arya Samaj, in the lane of Kallu Lassiwale, Chandoria, P.S.- Chowk, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar , Advocate For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Chowk P.S.Case No. 334 of 2017,registered for offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act .
Allegation as per F.I.R. against the petitioner, is that on the order of one co-accused, Rahul the peetitioner shot fire on the informant, causing injury on his left leg and they fled away from there and thereafter in an unconscious condition, he was taken in hospital for treatment and on the next date he was taken to one Doctor Rajeev, Patnacity for treatment and then the name of the petitioner transpires on the statement of the informant. Submission of the learned counsel for the petitioner
Patna High Court Cr.Misc. No.57630 of 2018 (3) dt.08-10-2018 2/2 is that he has falsely been implicated in this case and during course of investigation, not a single witness has supported the version of informant. It is also submitted that informant himself is a man of criminal mind and he is an accused in two other cases and the alleged injury is not on the vital part of the body and the petitioner is in jail custody since 06.05.2018. Heard learned A.P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned Additional Chief Judicial Magistrate- II, Patna City, Patna in connection with Chowk P.S.Case No. 334 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.
(Vinod Kumar Sinha, J) Sudha/- U T