Ashok Singh @ Bokava v. The State Of Bihar

Patna High Court Cr.Misc. No.129 of 2016 (4) dt.26-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.129 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================

1. Ashok Singh @ Bokava son of Late Mundrika Singh, resident of villageMunjee, P.S.- Karakat, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Hirday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Karakat P.S. Case No. 151 of 2015 registered for the offences punishable under Sections 384, 386 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner with an intention to kill the informant, shot at his chest but hit on his right hand causing serious injury and again after opening fire, the petitioner fled away.

Submission is of false implication and that the informant was not treated in government hospital but in private hospital, injury report is dated 07.10.2015 whereas, fardbeyan is dated 08.10.2015, there is old enmity between the parties and, as

Patna High Court Cr.Misc. No.129 of 2016 (4) dt.26-02-2016 such, the petitioner who is suffering in custody since 04.11.2015 after his surrender, deserves sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes by submitting that the doctor has found injury, caused by fire arm, grievous in nature and the petitioner has got criminal antecedent also.

In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of nine months in custody from the date of his surrender on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bikramganj, Distt. Rohtas in connection with Karakat P.S. Case No. 151 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