Patna High CourtCR. MISC./37894/2017bail granted

Ranjib Kumar @ Rajeev Kumar v. The State Of Bihar

2017-08-09Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.37894 of 2017 (2) dt.09-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37894 of 2017 Arising Out of PS.Case No. -569 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Ranjib Kumar @ Rajeev Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Case No. 92 of 2017 arising out of Khagaria (Muffasil) P.S. Case No. 569 of 2016 instituted for the offence under Sections-364, 307, 504/34 of the Indian Penal Code 26 & 27 of the Arms Act.

It has been submitted on behalf of the petitioner that the victim in his statement u/S 164 of the Cr.P.C. as well as in the written report, has specifically alleged that this petitioner fired on him causing injury over his shoulder.

The injury report of the informant has been enclosed as Annexure-2 to this petition wherein the doctor has found lacerated wound on clavicular region, contusion on left cheek and abrasion on nose. The nature of injuries is said to be simple caused by hard and blunt substance. The informant (victim) has mentioned in his statement u/S 164 of the Cr.P.C. that cause of occurrence is on account of land dispute.

Patna High Court Cr.Misc. No.37894 of 2017 (2) dt.09-08-2017 In this manner, the injury report does not corroborate the allegation as made by the informant in the written report as well as in the statement recorded u/S 164 of the Cr.P.C. The petitioner is in custody since 24-09-2016.

In such circumstances, prayer for bail is allowed. The petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Case No. 92 of 2017 arising out of Khagaria (Muffasil) P.S. Case No. 569 of 2016 to the satisfaction of learned Sessions Judge, Khagaria subject to condition that both the bailors should be close relative of the petitioner. (Sanjay Priya, J) A.K.V./- U T