Firoj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2194 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -BELDAUR District- KHAGARIA ====================================================== Firoj Choudhary, son of Shivnarayan Choudhary, Resident of VillageRohiyama, Police Station- Bldaur, District- Khagaria. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Viveka Nandsingh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of bail in connection with (Supplementary) Beldaur P.S.Case No. 106 of 2016 registered for the offences punishable under Sections 307/34 of the Indian Penal Code, 27 of the Arms Act and 3(1)(r)(s) of SC/ST Act and for setting aside the order dated 19.5.2017 passed by Additional Sessions Judge-I, Khagaria.

Allegation against the appellant and other accused persons is of firing on the father of informant and due to that he succumbed to the injuries after four days.

Submission of learned counsel for the appellant is that only one injury of entry was found on the person of deceased and

Patna High Court CR. APP (SJ) No.2194 of 2017 (4) dt.19-09-2017 2/3 nothing specific has been attributed against the appellant, rather grandson of informant has stated that firing was made by Krishna Choudhary and he is in custody for five months. Learned Special P.P. could not controvert the above submission.

Having heard both sides and in view of facts and circumstances, the appeal is allowed and the impugned order is set aside.

Let appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Ashok Kumar, Additional Sessions Judge-I, Khagaria, in connection with (Supplementary) Beldaur P.S. Case No. 106 of 2016, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Appellant will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without

Patna High Court CR. APP (SJ) No.2194 of 2017 (4) dt.19-09-2017 3/3 permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U