Sharvan Kumar @ Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75397 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- DANDARI District- Begusarai ====================================================== Sharvan Kumar @ Shrawan Kumar, Son of Nathuni Singh @ Nathuni Prasad Singh, Resident of Village-Amba, P.S. Alauli, District-Khagaria. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bipin Kumar, Advocate.

For the Opposite Party :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 01.06.2018 in a case for the offence registered under Sections 324, 307/34 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that on 18.05.2018 at 7.00 P.M. in the evening, the informant asked his nephew for some work. In the meantime, the petitioner alongwith other coaccused asked the informant why he is shouting and then coaccused Dharo Paswan fired from his pistol with an intention to kill him which hit in the Panjara of the informant and then petitioner Shrawan Kumar, who is the son-in-law of Ramesh Mahton, fired from his pistol to the informant and then the informant fell down after sustaining injury. On hulla, witnesses

Patna High Court CR. MISC. No.75397 of 2018(4) dt.09-04-2019 2/3 and villagers assembled there and all F.I.R. named accused tried to assault in which the petitioner was caught hold by the witnesses. The treatment of the informant is going on by Dr. Ashok Sharma.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. It is further submitted that the petitioner may be released on bail after completion of one year in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case. There is allegation of firing upon the informant. Injury report also corroborates the allegation made in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of one year in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai or appropriate court

Patna High Court CR. MISC. No.75397 of 2018(4) dt.09-04-2019 3/3 below, in connection with Dandari P.S. Case No. 32 of 2018. (Sudhir Singh, J) U.K./- U T