Vishal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.57037 of 2015 (4) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57037 of 2015 Arising Out of PS.Case No. -193 Year- 2015 Thana -GARKHA District- SARAN ======================================================

1. Vishal Singh Son of Vijay Kumar Singh resident of village- Takeya, P.s.- Bheldi, District- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Garkha P.S. Case No. 193 of 2015 registered for the offences punishable under Sections 448 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, due to previous enmity the petitioner shot the informant which hit in his left knee and hand and thereafter, petitioner with one unknown, brought the informant at Government Hospital, Garkha and fled away.

Submission is of false implication that no offence under Section 307 IPC is made out, admittedly the petitioner brought the informant for treatment at hospital, no injury has been

Patna High Court Cr.Misc. No.57037 of 2015 (4) dt.11-04-2016 caused on the vital part of the body, and, as such, the petitioner who is suffering in custody since 28.08.2015, deserves sympathetic consideration to which the learned APP opposes by submitting that fire arm injury was caused to the informant. In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri. D.K. Mishra, learned A.C.J.M., Saran at Chapra in connection with Garkha P.S. Case No. 193 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T