Harinarayan Kushwaha v. The State Of Bihar

Patna High Court Cr.Misc. No.18724 of 2015 (3) dt.09-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18724 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== HARINARAYAN KUSHWAHA, SON OF LATE TEJU KUSHWAHA, R/O CHITAINI, P.S.- KOCHAS (PARASATHUA), DISTRICT - ROHTAS.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kochas (Parasathua) P.S. Case No. 132 of 2014 registered under Sections 341, 342, 307 and 364/34 of the Indian Penal Code. The accusation is that petitioner and one unknown person called the informant Bhim Kumar Yadav and locked him in the room. Thereafter informant was taken by them in the field, where petitioner shot fire at the right chick of the informant and other person shot fire at the neck of the informant. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to dirty

Patna High Court Cr.Misc. No.18724 of 2015 (3) dt.09-09-2015 village politics. Moreover, the allegation against the petitioner is to shot fire at the right chick of the informant but that injury was not grievous in nature. It is further submitted that co-accused, Upendra Singh, whose name has been later on disclosed by the informant in his re-statement causing injury at his neck, has already been enlarged on bail by the court below. It is further submitted that petitioner having no criminal antecedent is in custody since 20.12.2014.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Kochas (Parasathua) P.S. Case 132 of 2014.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T