Jitender Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66581 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- AANDAR District- Siwan ====================================================== Jitender Sah, Son of Om Prakash Sah Resident of Village- Usari Bujurg, P.S. M.H. Nagar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-12-2018 The petitioner seeks bail in connection with Andar (M.H.Nagar) P.S.Case No. 136 of 2018 registered under Sections 147, 307, 323, 341, 447 and 506 of the Indian penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing on the informant caused firearm injuries to him.

Submission of learned counsel for the petitioner is that there is general and omnibus allegation of filing against the petitioner as well as seven other accused persons and there is case and counter case in between the parties from before and petitioner's side has also received injuries. However, petitioner is in custody since 17.07.2018.

Heard learned APP as well as learned counsel for the informant, who have opposed the prayer for bail stating that

Patna High Court Cr.Misc. No.66581 of 2018(3) dt.06-12-2018 2/2 informant has received 07 firearm injuries whereas servant of the informant has received 08 injuries. It has also been submitted that wife and nephew of the informant in their statements before the police has not named the petitioner as assailant.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Siwan in connection with Andar (M.H.Nagar) P.S. Case No. 136 of 2018 with condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) sujit/- U T