Sudama Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6045 of 2016 Arising Out of PS.Case No. -247 Year- 2015 Thana -GOGRI District- KHAGARIA ======================================================

1. Sudama Mishra S/o Late Baijnath Mishra R/o Gogari Brahman Tola, P.S. - Gogari, District - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Smt. Meena Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gogari P.S. Case No. 247 of 2015 registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner and other co-accused came and the petitioner opened fire which hit in upper thigh of the father of the informant and he fell down and again the petitioner opened fire towards the informant.

Submission is of false implication and that due to land dispute the petitioner has been implicated, the petitioner is Central Government employee and against him with that intention

Patna High Court Cr.Misc. No.6045 of 2016 (2) dt.22-02-2016 2/2 specific allegation has been falsely attributed resulting he is suffering in custody since 8.9.2015, no injury was caused on vital part and as such the petitioner deserves sympathetic consideration to which learned A.P.P. opposes by submitting that the doctor has found fire arm injury which is grievous in nature. In the facts and circumstances stated above, the petitioner shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Khagarai, in connection with Gogari, P.S. Case No. 247 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) siddharth/- U T