Niranjan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26325 of 2016 Arising Out of PS.Case No. -34 Year- 2014 Thana -BANIAPUR District- SARAN ====================================================== Niranjan Rai son of Dharm Nath Rai resident of Village- Amaw, P.S.- Baniyapur, District- Saran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner, informant and the State.

The petitioner seeks bail in a case instituted under Sections 341, 302, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he fired shot at the deceased, namely, Swaminath Prasad because of old enmity. It has been submitted on behalf of the petitioner that he is in custody since 15.7.2015. Chargesheet has been submitted against the petitioner. He has got no criminal antecedent. The alleged occurrence is said to have taken place at 8:30 in the night. No source of identification has been disclosed by the prosecution. As per allegation the petitioner is said to have fired on the back of the deceased. The post mortem examination report indicates that the wound of entry is on the chest of the deceased and the injury on the back of the deceased is the wound of exit. There is admitted enmity between the parties.

On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.26325 of 2016 (3) dt.23-08-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saran at Chapra, in connection with Baniyapur P.S. Case no. 34 of 2014.

(Sudhir Singh, J) sudip/- U T