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Patna High CourtCR. MISC./50355/2017allowed

Deepak Hajari v. The State Of Bihar

2017-10-18Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.50355 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50355 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -DHAMDAHA District- PURNIA ====================================================== Deepak Hajari S/o Surendra Hajari @ Suro Hajari R/o Village-Dhamdaha, P.S.-Dhamdaha, District-Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Dhamdaha P.S. Case no. 114 of 2017 registered for the offence punishable under Section 307/34 of the Indian Penal Code and 27 of the Arms Act.

The petitioner is said to have resorted firing by means of pistol, inflicting injury in the leg of the informant on handing him over pistol by some other accused. It is submitted by the learned counsel for the petitioner that the petitioner has falsely been implicated in the case due to land dispute. Injury sustained by the informant is simple in nature and on non-vital part. The petitioner was not armed with weapon at the time of occurrence rather the same was

Patna High Court Cr.Misc. No.50355 of 2017 (2) dt.18-10-2017 allegedly handed him over by co-accused which rules out intention on the part of the petitioner to do away with the life of the informant. The petitioner has been languishing in custody since 03.07.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Dhamdaha P.S. Case no. 114 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T