Patna High CourtCR. MISC./23959/2014bail granted

Vijay Kumar v. The State Of Bihar

2015-01-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23959 of 2014 Arising Out of PS.Case No. -216 Year- 2011 Thana -SHEKHPURA District- SEKHPURA ====================================================== Vijay Kumar son of Sri Satyanarayan Mahto resident of village - Karkayan, P.S. Ghosbari, District - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dudh Nath Singh For the Opposite Party : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2015 Petitioner is languishing in custody since 23.04.2014 in a case registered for the offences punishable under Sections 302, 34 of the I.P.C and 27 of the Arms Act. Subsequently Section 307 I.P.C was also added. It is alleged that this petitioner caused fire arm injury to Arvind Kumar whereas Anil Kumar caused fire arm injury to Ajay Kumar Singh. Subsequently Ajay Kumar Singh succumbed to the injuries.

It is submitted by learned counsel for the petitioner that statement of injured Arvind Kumar recorded in para 150 of the case diary, to whom the petitioner alleged to have caused fire arm injury reflects that firing was made by two unknown persons and there is no accusation against the petitioner of firing on Ajay Kumar Singh.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.23959 of 2014 (3) dt.19-01-2015 2/2 informant that for the occurrence of 2011 the petitioner surrendered in 2014 and the charge-sheet was submitted declaring him absconder.

Considering the fact that the injured to whom the petitioner alleged to have caused fire arm injury, has not supported accusation against the petitioner, 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, Sheikhpura in connection with Sheikhpura P.S. Case No. 216 of 2011.

Let learned Court below cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T