Patna High CourtCR. MISC./58198/2019bail granted

Lal Bihari Kamat v. The State Of Bihar

2019-09-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58198 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== Lal Bihari Kamat Son of - Late Bilat Kamat Resident of Village- Brahamnpur, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 307 of the Indian Penal Code and 25(1-b)A, 26, 27 of Arms Act.

Allegation is that the petitioner fired upon Mritunjay Kumar from his pistol, due to which he sustained injury on back side of his head and one country made pistol with an empty cartridge is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.05.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The nature of injury is said to be simple.

Patna High Court CR. MISC. No.58198 of 2019(2) dt.17-09-2019 2/2 Hence, no offence under Section 307 of the I.P.C. is made out. One country made pistol with an empty cartridge is recovered. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is 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 learned Additional Chief Judicial Magistrate IInd, Jhanjharpur, Madhubani in connection with Phulparas P.S. case No.154 of 2019 corresponding to G.R. No.687 of 2019.

(Sudhir Singh, J) Narendra/- U T