Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2420 of 2015 Arising Out of PS.Case No. -215 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Chandan Kumar, Son of Late Ram Binay Sharma, resident of VillageAlampur, P.S.- Dulhin Bazar, District -Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 12-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is to have shot fire which caused injury on temporal region of Anu Kumari, the daughter of the informant and she succumbed to the injury. It is submitted that the informant is not the eye witness to the occurrence. It is apparent that the deceased Anu Kumari, the sister-in-law of the petitioner was returning to her house from the grinding machine by bicycle and she fell down and got injury in her temporal region. The inquest report shows that the deceased has injury in her left temporal region. There is no sign of firearm injury and the inquest report has been prepared by the

Patna High Court Cr.Misc. No.2420 of 2015 (3) dt.12-03-2015 2/2 Investigating Officer which has been witnessed by the informant also. The post mortem examination report also does not show that the deceased had any fire shot injury. The petitioner has no criminal antecedent and he has been in custody since 12.08.2014. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in Bihta P.S. Case No.215/2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T