Patna High CourtCR. MISC./55229/2016dismissed

Putul Kumar @ Daya Nand Kumar v. The State Of Bihar

2017-01-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55229 of 2016 Arising Out of PS.Case No. -130 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Putul Kumar @ Daya Nand Kumar Son of Parmeshwar Singh Resident of Village- Prataptand Arya tola, P.S.- Bhagwanpur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-01-2017 Heard the parties.

This application has been filed in connection with Bhagwanpur P.S. Case No.130 of 2015 for the offence under Sections 341, 326, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of the petitioner that though there is allegation against the petitioner that he fired at the injured, due to which he received injury but the firing was not intentional as the witnesses during the course of investigation have stated, since a marriage was going on and in the marriage itself, some other persons fired and that hit the injured. The petitioner is in custody since 27.9.2016.

Patna High Court Cr.Misc. No.55229 of 2016 (3) dt.28-01-2017 2/2 Heard learned A.P.P. also.

Having heard both sides. From perusal of the FIR itself it appears that the injury has been found on the injured person and from perusal of the impugned order, it appears that the learned Sessions Judge has himself directed the petitioner to renew his prayer for bail after framing of the charge. In view of view of the fats as stated above, I am not inclined to grant bail to the petitioner, however, the petitioner is granted liberty to move for regular bail after framing of the charge in the court below concerned and the court below is directed to expedite commitment of the case if not committed or if some other accused persons are not appearing, he may take steps for committing of the case of the petitioner after separating the case of the petitioner from other accused persons. (Vinod Kumar Sinha, J) chn/- U