Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43980 of 2018 Arising Out of PS. Case No.-45 Year-2017 Thana- BASNAHI District- Saharsa ====================================================== Ashish Kumar, Son of Sri Umesh Yadav, Resident of Village- Bargaon, TolaMariya, P.S.- Basnali, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv For the Opposite Party/s :

Mr. Dr. Rabindra Kumar, APP206 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with Basnahi P.S. Case No. 45 of 2017 for offences under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

This is second bail application filed by the petitioner, after earlier one rejected by order dated 12.12.2017 passed in Cr. Misc. No. 57495 of 2017, giving liberty to the petitioner to renew the prayer for bail after six months.

Learned counsel for the petitioner submits that as per the allegation the petitioner shot at the leg of the injured and not on the vital part of the body and there was no repetition. Moreover, liberty was given to the petitioner to renew prayer for

Patna High Court Cr.Misc. No.43980 of 2018(2) dt.01-08-2018 2/2 bail after six months and the petitioner has remained in custody for more than a year.

Having considered the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Basnahi P.S. Case No. 45 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate-III, Saharsa.

(Arun Kumar, J) Shamshad/- Saurabh U T