Patna High CourtCR. MISC./57152/2015bail granted

Awadh Kishore Singh v. The State Of Bihar

2016-02-23Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57152 of 2015 Arising Out of PS.Case No. -24 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Awadh Kishore Singh, Son of Late Ramautar Singh, Resident of VillageChak, P.S.- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Rajesh Kumar For the Informant : Mr. Akhilesh Pd. Singh, Sr. Advocate. Mr. Bimal Kumar No.2 For the State : Mr. Suchita Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned counsel for the State as well as the informant. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation of the informant the accused is not only order giver but also alleged to have fired which caused injury to the deceased. Large numbers of persons are alleged to have caused injury on the person of the deceased. From the post-mortem report it also appears that deceased has received several injuries in his body that led to his death. This Court is not examining the merit of the present

Patna High Court Cr.Misc. No.57152 of 2015 (3) dt.23-02-2016 case but confined his consideration for granting bail on the score that petitioner is an old person aged about 84 years which is apparently clear from Adhar Card (Annexure-6) where the date of birth has been shown as 16.6.1931. So much so petitioner has received paralytic attack and left side of the body is suffering from paralysis which is clear from Annexure-5.

Looking to the physical condition of the petitioner and his age, let petitioner, Awadh Kishore Singh, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Begusarai in connection with Matihani P.S. Case No.24 of 2015.

This Court has only considered the case of the petitioner on humanitarian ground.

Vinay/- (Shivaji Pandey, J) U T