Mithilesh Kumar Sah @ Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63561 of 2021 Arising Out of PS. Case No.-522 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== MITHILESH KUMAR SAH @ MITHILESH KUMAR S/o Late Rajendra Sah R/o village- Patel Nagar, Ward No. 31, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Binod Kumar Dr. Ratan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code and u/s 27 of Arms Act.
As per the prosecution case, this petitioner along with co-accused, Nagmani fired eight shots as a result of which the informant sustained fire arm injuries.
Learned counsel appearing for the petitioner submits that from perusal of the FIR it would apparent that occurrence took place due to land dispute between the parties. As per FIR this petitioner and co-accused, Nagmani, fired eight shots but the doctor found only one fire arm injury on the person of
Patna High Court CR. MISC. No.63561 of 2021(3) dt.11-04-2022 2/2 informant and rest of the injuries are caused by hard blunt object and are simple in nature. Petitioner is in custody since 24.07.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case, the period of custody of the petitioner and the medical report, let 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 Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar PS case No. 522/2021.
(Prabhat Kumar Singh, J) BKS/- U T