Niro Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63837 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Niro Kumar Son of Late Ram Kripal Sharma Resident of Teacher Colony, Raja Bazar, Police Station- Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parashuram Singh, Adv.

For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jehanabad P.S. Case No. 73 of 2021, lodged under Sections 341/323/326/307/506/34 of the Indian Penal Code read with Section 27 of the Arms Act.

As per the prosecution case, there is allegation against the petitioner that he fired on the informant's father and subsequently he fired on the informant as well. Learned counsel for the petitioner submits that it is a case of Section 307 of I.P.C. and not of Section 302 of I.P.C. Learned counsel also submits that the petitioner and informant are neighbours and on pity issues this dispute arose. Learned counsel also submits that antecedent of the petitioner is clean

Patna High Court CR. MISC. No.63837 of 2021(4) dt.29-11-2022 2/2 and he is in custody since 08.09.2021. Learned counsel for the petitioner raises only one point that 15 days prior to the said occurrence, petitioner wrote a letter to the District Collector and sought protection and subsequently this present case was filed. Learned counsel for the informant vehemently opposes the prayer for bail and submits that all evidences in this case have taken place, therefore, this petition for bail may be rejected.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 73 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T