Patna High CourtCR. MISC./38814/2016bail granted

Bakhori Gope And ANR v. The State Of Bihar

2016-09-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38814 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ======================================================

1. Bakhori Gope Son of Late Ram Chandra Gope

2. Sugriv Gope Son of Late Ramchandra Gope Resident of village - Rupan Bigha, Police Station Tharthari, District - Nalanda .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioners seek bail in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Petitioners are said to have opened fire causing firearm injury to informant. The alleged occurrence is said to have taken place on account of land dispute.

Learned counsel for the petitioners drew my attention towards Annexure-2, the photostat copy of injury report of injured,

Patna High Court Cr.Misc. No.38814 of 2016 (2) dt.20-09-2016 2/2 and submits that the injured sustained simple injury said to be caused by crackers and the aforesaid finding of the doctor goes to show that informant has lodged this case with exaggerated story. Petitioners are in jail custody since 06.05.2016 and the investigation against them has already been completed. Petitioners do not have any criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Sanjay Singh, Judicial Magistrate, Hilsa, Nalanda in connection with Tharthari P.S. Case No. 35 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T