Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20613 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -GAURICHAK District- PATNA ======================================================

1. Santosh Kumar, Son of Bhrigunath Singh, Resident of Village-Taranpur, P.S.-Gaurichak, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gaurichak PS case no. 18 of 2017 instituted for the offences punishable under Sections 307, 379 and other sections of Indian Penal Code and Section 27 of Arms Act.

The allegation in the present case is regarding the prosecution side cutting the mud resulting in the accused persons preventing them from cutting the mud, whereupon altercation had taken place in between the prosecution side and the accused side, during the course whereof, firing was resorted to from both the sides. Two cases are said to have been lodged; one is the present case i.e. Gaurichak PS case no. 18 of 2017 and the other is Gaurichak PS

Patna High Court Cr.Misc. No.20613 of 2018 (5) dt.29-05-2018 2/2 case no. 19 of 2017.

The learned counsel for the petitioner submits that the injury received by the informant, said to be attributable to the petitioner herein, is on the little finger whereas the brother of the petitioner has also been inflicted with firearm injury which is grievous in nature. In nutshell, both the sides received grievous injuries and it is submitted that as far as the accused persons of the other case i.e. Gaurichak PS case no. 19 of 17 are concerned, they have been granted bail. Lastly, it is submitted that the petitioner is languishing in custody since 14.03.2018.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate- VII, Patna City in connection with Gaurichak PS case no.18 of 2017. (Mohit Kumar Shah, J) rinkee/- U T