Amresh Kumar @ Amlesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.60237 of 2017 (2) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60237 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Amresh Kumar @ Amlesh Kumar, Son of Lalan Rai, Resident of VillageVishunpur Giddha, P.S.- Maniyari, District- Muzaffarpur ... Petitioner

Versus

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

For the Petitioner : Mr. Bela Singh, Advocate, Advocate For the Opposite Party : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under section 307 and other sections of the IPC and section 27 of the Arms Act.

FIR has been lodged by the uncle of the accused in which petitioner is alleged to have assaulted his cousin brother with fire arms.

Counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Earlier the informant, who is full brother of the father of the accused, had assaulted the petitioner's father in relation to which he is accused in Maniyari Police Station Case No. 42 of 2015. Parties are agnates and have pending land dispute. He further submits that the injuries were simple in nature and there was no gun shot injury. Petitioner is in custody since 15.9.2017.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, 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 Sri Nayan Kumar, Judicial Magistrate 1st class,

Patna High Court Cr.Misc. No.60237 of 2017 (2) dt.20-12-2017 Muzaffarpur in Maniyari Police Station Case No. 86 of 2017. GR No. 1054 of 2017 on the following conditions:- (a) 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 him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) 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) Shashi.

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