Vishal Anand @ Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53674 of 2018 Arising Out of PS. Case No.-340 Year-2017 Thana- SULTANGANJ District- Bhagalpur ====================================================== Suraj Kumar Mandal, Son of Late Narendra Kumar Mandal @ Late Narendra Kumar, resident of Das Tola, P.S. Sultanganj, District Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 65479 of 2018 Arising Out of PS. Case No.-340 Year-2017 Thana- SULTANGANJ District- Bhagalpur ====================================================== Vishal Anand @ Vishal Kumar, Son of Pradip Kumar Sah @ Pappu @ Pradip Sah, Resident of Indrapuri Gali Pirdouri, Apar Road, P.S. Sultanganj, DistrictBhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 53674 of 2018) For the Petitioner/s :
Mr. Davendra Kumar Pandey, Advocate For the Informant : Mr. Diwakar Upadhaya, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP (In Criminal Miscellaneous No. 65479 of 2018) For the Petitioner/s :
Mr. Aditya Prakash Sahay, Advocate For the Informant : Mr. Diwakar Upadhaya, Advocate For the Opposite Party/s :
Mr. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 20-12-2018 Both the cases are taken up together as they arise out of the same P.S. Case number.
Heard learned counsel for the petitioners and learned APP for the State as well as learned counsel for the Informant. Petitioners seek bail in Sultanganj P.S. Case No. 340
Patna High Court Cr.Misc. No.53674 of 2018(4) dt.20-12-2018 2/3 of 2017 instituted for the offence under Section(s) 307/34, 120(B) Indian Penal Code and Section 27 of the Arms Act. In the written report, it is alleged that Vishal Anand (petitioner of Cr. Misc.65479 of 2018) fired shot at the head of the informant on the left side. Another accused, Suraj Mandal, (petitioner of Cr. Misc. No.53674 of 2018) also made firing, but no injury was caused to the informant. The informant was brought to the hospital after sustaining injury. Case dairy has been received.
In the case diary, injury report is mentioned in para 38 and the doctor has stated that patient was admitted with complaint of multiple injuries allegedly due to firearm. The doctor found bleeding lacerated wound over forehead 5cm x bone deep x 1-2 cm, wound in the right parietal scalp area 2 cm x 5 cm x bone deep. Tattooing at the face with multiple burn points with scattered burn points. Blurring vision was present. The doctor has opined the injury to be simple in nature. In the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner, Vishal Anand, (Cr. Misc. No.65479 of 2018). His prayer for bail is rejected. So far as petitioner, Suraj Kumar Mandal, (Cr. Misc. No.53674 of 2018) is concerned, his prayer for grant of bail is
Patna High Court Cr.Misc. No.53674 of 2018(4) dt.20-12-2018 3/3 allowed. Let the petitioner, Suraj Kumar Mandal, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, Bhagalpur, in connection with Sultanganj P.S. Case No. 340 of 2017 subject to the condition that both the bailors shall be close relative of the petitioner.
Counsel for the informant submits that four witnesses have already been examined. The trial Court is directed to expedite the trial and conclude the same as early as possible preferably within a period of six months from the date of receipt of a copy of this order.
(Sanjay Priya, J) J. Alam/- Rohit Kr.
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