Md. Lal Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16561 of 2017 Arising Out of PS.Case No. -94 Year- 2014 Thana -SHYAMPUR BHATHA District- SHEOHAR ======================================================

1. Md. Lal Babu son of Late Sheikh Sadiqe R/o Village - Beera Chapra, P.S. - Shyampur Bhatta, District - Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant saw that his father had sustained firearm injury and was in injured condition. When the injured was carried to the hospital, he disclosed the name of ten persons who had fired at him including the petitioner.

Submission of the petitioner is that the Doctor has found only three firearm injuries and the allegation is not specific against the petitioner. Moreover, some other persons, who were accompanying the injured and, were present at the time of

Patna High Court Cr.Misc. No.16561 of 2017 (4) dt.16-05-2017 2/2 occurrence have not named the petitioner or any other accused persons, rather they have stated that unknown persons have committed the murder of the father of the informant. Considering the aforesaid facts, 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 learned Chief Judicial Magistrate, Sheohar/successor Court in connection with Shyampur Bhattha Police Station Case No. 94 of 2014, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T