Patna High CourtCR. MISC./18911/2015bail granted

Gautam Mishra v. The State Of Bihar

2015-06-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18911 of 2015 Arising Out of PS.Case No. -239 Year- 2013 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Gautam Mishra Son of Arjun Mishra resident of village Beur, P.S. Chainpur, District - Kaimur at Bhabua, at Present resident at Bhabua, Ward No. 2, P.S. Bhabua, District - Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-06-2015 Heard both sides.

The petitioner seeks bail in a case registered under Section 307 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

Rana Pratap Singh, the informant, alleged that while he was walking near the Aerodrome, three persons came there and fired which hit on the lift side of his abdomen. The informant did not identify the assailants. It is submitted that the occurrence is dated 14.05.2013 but the informant made his statement under Section 164 of the Code of Criminal Procedure on 31.10.2013, in which he claimed to have identified the petitioner Gautam Mishra and disclosed that it was Gautam Mishra who fired. Considering the fact that after more than five months of the occurrence, the informant named the petitioner in his

Patna High Court Cr.Misc. No.18911 of 2015 (2) dt.16-06-2015 2/2 statement under Section 164 Cr.P.C. although he claimed not to identify any of the assailants in his Fardbeyan dated 14.05.2013, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in Bhabua P.S. Case No. 239/2013, corresponding to G.R. No. 859/13. (Prabhat Kumar Jha, J) Dilip/- U T