Patna High CourtCR. MISC./58857/2019bail granted

Punit Bind v. The State Of Bihar

2019-09-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58857 of 2019 Arising Out of PS. Case No.-37 Year-2018 Thana- BENIPATTI District- Madhubani ====================================================== PUNIT BIND Son of Late Mangal Bind Resident of Bhairgama, P.S.- Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 324, 326, 307/34 of the Indian Penal Code and 27 of Arms Act.

Allegation is that the accused persons fired upon the informant, due to which he sustained injuries on his shoulder. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.03.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. There is allegation of firing alleged against the petitioner, but from perusal of Annexure 2 of the application it appears that there is no injury report on record to support the allegations made by the victim.

Patna High Court CR. MISC. No.58857 of 2019(2) dt.18-09-2019 2/2 Annexure 2 is the order granting bail to co-accused. In absence of injury report it cannot be ascertained that the allegations made in the F.I.R. constitutes an offence under Section 307 of I.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 S.D.J.M., Benipatti, Madhubani in connection with Benipati P.S. case No.37 of 2018.

(Sudhir Singh, J) Narendra/- U T