Jitu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3750 of 2018 Arising Out of PS.Case No. -31 Year- 2017 Thana -JAMHORA District- AURANGABAD ====================================================== Jitu Singh S/o Late Ram Pravesh Singh, R/o Village + P.S.- Jamhore, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No. 409 of 2017 arising out of Jamhore P.S. Case No. 31 of 2017 registered under Sections 341, 342, 504 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is said to have assaulted on the back of the informant by means of fire arms over row of sending his mother to jail and filing case against her.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case due to animosity. Though the occurrence is of 27.03.2017 and fardbeyan of the informant

Patna High Court Cr.Misc. No.3750 of 2018 (5) dt.15-03-2018 2/2 was recorded at Sadar Hospital, Aurangabad, but no injury report of the informant examined by the said Hospital has been brought on record rather injury report of Private Hospital, namely, Maa Gayatri Memorial Hospital has been brought on record which is of 23.05.2017. Moreover though the said injury report is of 23.05.2017, but the doctor is said to have examined the petitioner on 28.05.2017 which creates serious doubt about the aforesaid injury report as well as the prosecution case. Though some more cases have been lodged against the petitioner, but he is on bail in all the cases barring one. The petitioner has been languishing in custody since 23.05.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Aurangabad in connection with Sessions Trial No. 409 of 2017 arising out of Jamhore P.S. Case No. 31 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T