Satish Singh @ Satish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.45597 of 2015 (4) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45597 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -DIDARGANJ District- PATNA ====================================================== Satish Singh @ Satish Kumar Son of Late Ramjee Resident of village - Kothiya, Police Station Didarganj, District - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party : Mr. Smt. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2016 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the application in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

A supplementary affidavit is being filed on behalf of the petitioner, which is kept on record.

The petitioner is apprehending his arrest in connection with Didarganj P.S. Case No. 124 of 2015 for the offences instituted under Sections 448 and 307/34 of the IPC and 27 of the Arms Act.

As per prosecution case, that on 29.05.2015 the informant's villager Satish Singh along with four persons came there and awaken up through assault and fired upon the informant by arms for intention to kill him resulting therein the informant

Patna High Court Cr.Misc. No.45597 of 2015 (4) dt.01-02-2016 sustained injury in right shoulder and bleeding at that time Barat was came in the village.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The alleged occurrence is said to have taken place on 29.05.2015 but the FIR was instituted on 05.06.2015. There is no explanation in respect to delay by the prosecution. From perusal of the injury report of Annexure-3, it appears that the injury is said to have been caused by hard and blunt substance and same is simple in nature. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Didarganj P.S. Case No. 124 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patnacity, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T