Patna High CourtCR. MISC./34880/2016bail granted

Tinku Paswan v. The State Of Bihar

2016-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34880 of 2016 Arising out of P.S. Case No. - 147 Year - 2015 Thana - NATHNAGAR District - BHAGALPUR ====================================================== Tinku Paswan, Son of Manoj Paswan, Resident of Village - Raghopur, P.S Nath nagar, Dist Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dr. Manoj Kumar, Advocate For the Opposite Party : Mr. Mukesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.03.2016 in connection with Nath Nagar P.S. Case No. 147 of 2015 for the offences instituted under Sections 341, 324, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution story, in brief, is that there is specific allegation against the petitioner that he fired on the informant but the pellet hit the informant on the right arm in spite of chest. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.03.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of the witnesses alleged against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.34880 of 2016 (3) dt.17-10-2016 2/2 been implicated in the present case. The nature of injury is said to be simple, hence, no offence under Section 307 of the Indian Penal Code is made out.

On behalf of the State, it has been 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 bond of Rs.10,000/- (The Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Nath Nagar P.S. Case No. 147 of 2015.

Kundan (Sudhir Singh, J) U T