Gaurav Rai @ Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14810 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -GARDANIBAGH District- PATNA ======================================================

1. Gaurav Rai @ Gaurav Kumar, son of Vijay Rai, resident of Village- Jaya Garden apartment Block-C, P.S.- Gardanibagh, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Gardanibagh P.S.Case No.33 of 2017 registered for offences punishable under Sections323, 324, 307, 379, 506 and 504 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the allegation against him is that he assaulted by Pistol but the injuries, which are annexed as Anneuxre-2 show that injuries have been caused by hard and blunt substance, which are simple in nature and had it been intentional of the petitioner to kill the informant, he would have fired on him. Further, it is submitted that the occurrence took place due to petty issue of passing through the road and the petitioner has clean antecedent.

Patna High Court Cr.Misc. No.14810 of 2017 (2) dt.03-04-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sub Judge-XIV, Patna in connection with Gardanibagh P.S.Case No.33 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U