Jabir Ghoshi @ Jbir Ghosi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36895 of 2016 Arising Out of PS.Case No. -1341 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================
1. Jabir Ghoshi @ Jbir Ghosi S/o Karamat Ghosi
2. Vicky Ghoshi S/o Doma Ghosi Both are resident of Mohalla- Sagar, Alamganj Ghoshi Tola, P.S.- Sasaram (Town) District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-09-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 341, 323, 447, 504/34 of the Indian Penal Code and 25(1-B)a, 35, 27 of the Arms Act.
The prosecution case is that on 28.11.2015 at about 6.00 P.M. when the informant was sitting at his door, co-accused Chamaru Ghoshi, Nazir Ghoshi, Teju Ghoshi, the petitioners Jabir Ghoshi and Vicky Ghoshi came with some unknown persons, started abusing the informant. It is specifically alleged that on the order of coaccused Nazir Ghoshi, co-accued Chamru Ghoshi took out
Patna High Court Cr.Misc. No.36895 of 2016 (3) dt.09-09-2016 country made pistol from his waist and fired on the informant which hit on his abdomen, causing bleeding injury. The informant caught holds the hand of Chamru Ghoshi and snatched the country made pistol which was subsequently produced before the police.
It is submitted by the learned counsel for the petitioners that specific accusation of giving order and firing is against co-accused Nazir Ghoshi and Chamaru Ghoshi. There is no specific accusation against the petitioners.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasarm, Rohtas in connection with Sasaram (T) P.S. Case No. 1341 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) P.K./- U T