Dular Chandra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26851 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR ======================================================

1. Dular Chandra Ram, Son of Ram Chandra Ram, Resident of VillageMuraul, P.S- Maniyari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 147/148/149/307/323/504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though there is specific allegation against the petitioner of having fired leading to the injury on the informant which has been found to be grievous in nature yet, there was no intention to kill. The present case has been given an exaggerated note only because earlier, one of the agnates of the petitioner, had lodged a case bearing Maniyari P.S. Case No. 11 of 2015 on 18.01.2015. It is submitted that the present case is a counter blast of the said case. The informant's side became belligerent leading to the occurrence, but there was no intention to kill.

Patna High Court Cr.Misc. No.26851 of 2016 (3) dt.12-08-2016 P2/2 Having considered all facts and circumstances and also because the petitioner has no criminal history and there is litigation between the parties, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Judicial Magistrate, 1st Class, Muzaffarpur in connection with Maniyari P.S. Case No. 12 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T