Chandeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19324 of 2015 Arising Out of PS.Case No. -305 Year- 2014 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Chandeshwar Singh s/o Late Rakshaya Singh r/o Village - Charh, p.s. - Makhdumpur, Distt - Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

It is alleged that on the order of this petitioner, co accused Deoghiri Sharma opened fire at the informant but it did not cause any injury. The firing made by co accused Deenbandhu Sharma hit on the breast of Sona Devi, wife of the informant who subsequently succumbed to the injury.

It is submitted by the learned counsel for the petitioner that the accusation of firing has not been levelled against the petitioner. More over, as per accusation the petitioner ordered to fire to Deoghiri Sharma on the informant but it is not alleged that

Patna High Court Cr.Misc. No.19324 of 2015 (3) dt.08-05-2015 2/2 the petitioner ordered to fire at the wife of the informant. The postmortem report reflects only one injury to victim Sona Devi. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad in connection with Makhdumpur P.S. Case No. 305 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T