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Patna High CourtCR. MISC./41/2021bail granted

Kishor Prasad @ Kishor Prasad Sahani v. The State Of Bihar

2021-03-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41 of 2021 Arising Out of PS. Case No.-461 Year-2020 Thana- FATUA District- Patna ====================================================== KISHOR PRASAD @ KISHOR PRASAD SAHANI, Son of Briksh Mahto @ Ram Briksh Mahto Resident of Manichak, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 341, 342, 323, 307 and 504/34 of the Indian Penal Code.

According to F.I.R., the petitioner allegedly caused fire arm injury to the informant from back side. Submission is that the daughter of the petitioner is married with younger brother of the informant and she has lodged a case under Section 498A IPC against the in-laws. For that rivalry false case has been lodged. The doctor has found gunshot injury on the lower abdomen which is inconsistent with the claim of the informant that injury was caused from back side. Petitioner is in custody since 08.07.2020. Investigation of the case is already complete.

Patna High Court CR. MISC. No.41 of 2021(3) dt.23-03-2021 2/2 Considering substance in the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Fatuha P.S. Case No. 461 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T