Patna High CourtCR. MISC./59125/2017bail granted

Chhotu Kumar @ Anand Kumar v. The State Of Bihar

2018-01-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59125 of 2017 Arising Out of PS.Case No. -304 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Chhotu Kumar @ Anand Kumar S/o Ravi Singh @ Ravindra Singh, R/o Village- Rajgawan, P.S.- Morhaurah, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2018 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 Arms Act.

According to FIR, six persons including the petitioner intercepted the son of the informant while he was tilling the field. Co-accused Subodh Singh fired from the Gun causing injury to the son of the informant, as a result whereof, he fell down. There is allegation of firing against the petitioner also. The postmortem report would reveal that the injuries found were caused by pellets, which is possible from a Gun only. Petitioner is in custody since 29.07.2017.

Patna High Court Cr.Misc. No.59125 of 2017 (3) dt.17-01-2018 Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts especially the fact that the firing of the petitioner did not hit anyone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Morhowrah Police Station Case No.304 of 2017, 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) Nitesh/- U T