Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68456 of 2021 Arising Out of PS. Case No.-145 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== Vikash Singh Son of Late Rambhu Singh Resident of Village - Malahi, P.S.- Sursand, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Sursand P.S. Case No. 145 of 2019, registered for the offence under Section 307 of the Indian Penal Code and Sections 27, 35 of the Arms Act. As per the prosecution case, on 11.05.2019 at about 2:00 PM, while the informant was sitting in front of a restaurant, petitioner and two co-accused came there on a motorcycle and one of the co-accused Santosh Singh fired from his pistol on the informant, but it missed, then again, co-accused Santosh Singh fired upon the informant, which hit the back of the informant and he fell down. It is further alleged that all the accused persons including this petitioner assaulted the informant by butt of the pistol and thereafter, fled away.

It is submitted on behalf of petitioner that specific allegation of firing is against co-accused Santosh Singh. The

Patna High Court CR. MISC. No.68456 of 2021(2) dt.03-03-2022 2/2 doctor has found only two injuries on the body of informant, one caused by fire-arm and other injury was caused by hard & blunt substance and both of them were found to be simple in nature. Petitioner is in custody since 14.10.2021. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Pupri, District - Sitamarhi in connection with Sursand P.S. Case No. 145 of 2019.

(Prabhat Kumar Singh, J) anay/- U T