Nandu Gop @ Nandu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29462 of 2016 Arising Out of PS.Case No. -70 Year- 2010 Thana -PATORI District- SAMASTIPUR ====================================================== Nandu Gop @ Nandu Rai, son of Kailash Gop, resident of Village- Kala Diyara, P.S- Bakhtiyarpur, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 324, 307and 504/34 of the I.P.C. The prosecution story, in brief, is that on the alleged date and time of occurrence the informant and his father Ram Pravesh Rai were crossing the river Ganga by boat after loading bags of wheat and reached at the bank of the river to unload the wheat bags, in the meantime the accused persons including the petitioner, who were on motorcycles, started firing, as a result of which the informant's father sustained three gun shot injuries below armpit. The injured was taken to P.M.C.H. for treatment. It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.4.2016 and the charge sheet has

Patna High Court Cr.Misc. No.29462 of 2016 (4) dt.06-09-2016 2/2 been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner and others. Subsequently in course of investigation specific allegation has been made against three accused persons including the petitioner for causing firearm injury upon the victim. From perusal of the injury report, it appears that the victim has sustained a single gun shot injury. The victim has not been examined under Section 161 of the Cr.P.C. as it is evident from the case diary. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 the learned Chief Judicial Magistrate, Samastipur in connection with Patori P.S. case No.70 of 2010.

(Sudhir Singh, J) Narendra/- U T