Jeetendra Kumar Mishra And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2258 of 2017 Arising Out of PS.Case No. -258 Year- 2017 Thana -SIKARPUR District- WESTCHAMPARAN (BETTIAH) ======================================================
1. Jeetendra Kumar Mishra, Son of Late Pawan Mishra,
2. Jhunnu Rao Son of Late Raj Bahadur Rao,
3. Pintu Rao Son of LateRaj Bahadur Rao, All are R/o VillageBrijbaniya, P.S.- Chanpatiya (Sirisiya), O.P., District- West Champaran. .... .... Appellants
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellants :
Mr. Rama Kant Sharma, Sr. Advocate Mr. Sanjay Kumar No.7, Advocate Mr. Anand Kumar Mishra, Advocate For the State :
Mr. Binay Krishna, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard learned counsel for the appellants and learned Special P.P. for the State.
This appeal has been filed for grant of regular bail in connection with Shikarpur P.S. Case No.258 of 2017 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 436, 435, 379 and 504 of the Indian Penal Code and 3(i)(x)(xi) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act as well as Section 27 of the Arms Act and for setting aside the order dated 17.07.2017 passed by learned 1st Additional District & Sessions Judge-cum-Special Judge, West Champaran at Bettiah in Regular Bail Petition No.1125 of 2017. Allegation against the appellants and other persons is
Patna High Court CR. APP (SJ) No.2258 of 2017 (3) dt.06-09-2017 2 /3 of reaching at the place of occurrence on a vehicle and further allegation against the appellants and other accused persons is of making indiscriminate firing causing injury on the leg of several persons.
Submission of learned counsel for the appellants is that there is no specific allegation attributed against any of the appellants and the allegation of firing is general and omnibus. Further the impugned order shows that there is recovery of only one double barrel gun with 12 pieces of live cartridges and 6 pieces of empty cartridges.
Heard the learned Special P.P. also who has opposed the prayer of bail.
Having heard both sides and in view of the facts and circumstances, this appeal is allowed.
Let appellants, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judgecum-Special Judge, West Champaran at Bettiah, in connection with Shikarpur P.S. Case No.258 of 2017, after setting aside order dated 17.07.2017, passed in Regular Bail Petition No.1125 of 2017, arising out of Shikarpur P.S. Case No.258 of 2017 by
Patna High Court CR. APP (SJ) No.2258 of 2017 (3) dt.06-09-2017 3 /3 learned 1st Additional District & Sessions Judge-cum-Special Judge, West Champaran at Bettiah, and further conditions that:- (1) One of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of the court concerned, (2) Appellant will co-operate in investigation of the case, failing which her bail bond shall be cancelled.
With the above observation, this appeal is allowed. (Vinod Kumar Sinha, J.) S.Kumar/- U T