Patna High CourtCR. MISC./24622/2018bail granted

Bittu Kumar Saw @ Bittu Kumar v. The State Of Bihar

2018-05-23Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.24622 of 2018 (3) dt.23-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24622 of 2018 Arising Out of PS.Case No. -321 Year- 2017 Thana -JAKKANPUR District- PATNA ====================================================== Bittu Kumar Saw @ Bittu Kumar, S/o Rameshwar Prasad, R/v- Baidrabad, P.S.- Baidrabad, Distt.- Arwal at present residing in the tenanted house of Sri Grish chandra, Back of Ramdas Path, P.S.- Jakkanpur, Distt.- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 341,323,307,120B/34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted by the petitioner's counsel that the petitioner is a man of clean antecedent and he has falsely been implicated in this case. The allegation against the petitioner of causing firearm injury is belied by the injury report which suggests no firearm injury upon the victim. Petitioner is in jail custody since 10.10.2017.

Counsel for the informant opposes the prayer for bail of the

Patna High Court Cr.Misc. No.24622 of 2018 (3) dt.23-05-2018 petitioner.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Patna in Jakkanpur P.S. Case No. 321 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T