Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60999 of 2021 Arising Out of PS. Case No.-318 Year-2020 Thana- MASHRAK District- Saran ====================================================== MOHAN SAH Son of Krishna Sah Resident of Village - Karnkudariya, P.S.- Mashrak, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the parties.

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

As per the prosecution case, over an issue of children playing during corona times, an occurrence took place, in which, the petitioner is alleged to have assaulted the son of the informant and has also opened fire, as a result of which, son of informant sustained grievous injury.

It is submitted on behalf of petitioner that the occurrence arose out of a very small dispute and there was no intention to kill. Petitioner claims clean antecedent and he is in custody since 18.08.2021.

However, learned A.P.P. for the State has opposed the bail petition and submitted that there is direct and specific

Patna High Court CR. MISC. No.60999 of 2021(3) dt.04-04-2022 2/2 allegation against this petitioner of causing assault and opening fire, as a result of which, the son of the informant sustained grievous injury.

Considering the aforesaid facts and circumstances as well as period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Saran at Chapra in connection with Mashrak P.S. Case No. 318 of 2020. (Prabhat Kumar Singh, J) anay/- U T