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Patna High CourtCR. MISC./64548/2019bail granted

Manoj Kumar v. The State Of Bihar

2019-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64548 of 2019 Arising Out of PS. Case No.-182 Year-2007 Thana- HARNAUT District- Nalanda ====================================================== MANOJ KUMAR (M), aged about 56 years, Son of Karu Singh @ Vidhadhar Singh, Resident of Village- Chauriya, Police Station- Harnaut, DistrictNalanda. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Vijay Kumar, Advocate.

For the Opposite Party :

Mr.Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 324, 307 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the petitioner fired upon the informant which hit in the stomach and left hand of the informant. Thereafter, the petitioner fled away from the place of occurrence. The injured was admitted in the hospital. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 22.06.2019. Charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present

Patna High Court CR. MISC. No.64548 of 2019(2) dt.17-10-2019 2/2 case. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation is that the petitioner fired upon the victim causing injuries in the stomach and left hand but there is no injury report on record to show that an offence under Section 307 of the IPC was committed. In absence of any such medical evidence it cannot be said that an offence under Section 307 of the IPC is made out. On behalf of the learned counsel for 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 on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Bihar Sharif, Nalanda, in connection with Harnaut (Gokhulpur) P.S. Case No. 182 of 2007 (G. R. No. 1544 of 2007).

(Sudhir Singh, J) U.K./- U T