Deepak Kumar @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8383 of 2019 Arising Out of PS. Case No.-614 Year-2017 Thana- ARA NAWADA District- Bhojpur ====================================================== Deepak Kumar @ Suraj Kumar Son of Vishwanath Singh @ Vishwanath Prasad Resident of Village-Ramnagar Sakri, P.S.- Piro (Hasan bazar), Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 307 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case in short is while the informant was going to bring milk, a gun shot hit her due to which he sustained injury.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.7.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the
Patna High Court CR. MISC. No.8383 of 2019(3) dt.10-04-2019 2/2 F.I.R.. The name of the petitioner transpired in course of investigation. There is no substantive evidence for committing offence under Section 307IPC. No injury is attributed against the petitioner.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara at Bhojpur in connection with Ara Nawada P.S. Case No. 614 of 2018.
(Sudhir Singh, J) Pankaj/- U T