Patna High CourtCR. MISC./66068/2019bail granted

Abhishek Kumar @ Sisai Wala v. The State Of Bihar

2019-10-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66068 of 2019 Arising Out of PS. Case No.-330 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== ABHISHEK KUMAR @ SISAI WALA, aged about 21 years, M, Son of Pramod Yadav, Resident of Village - Chandour, P.S.- Sour Bazar, DistrictSaharsa. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Amresh Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 307/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 14.08.2019 at about 7.00 P.M., while the informant was taking tea at Samrat Hotel then eight persons on four Motorcycles came armed with weapons and Abhishek Kumar (petitioner) opened fire upon him which hit over his thigh due to which, he fell down and he again fired which hit his Motorcycle and on reflection caused injury to Lallan Kumar and after hearing the sound of firing, people collected and caught hold of Abhishek Kumar (petitioner) and

Patna High Court CR. MISC. No.66068 of 2019(2) dt.22-10-2019 2/2 co-accused Lallan Kumar.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 15.08.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The nature of injury is said to be simple. The same is on non-vital part of the body of the victim. No offence under Section 307 of the IPC is made out in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Saharsa, in connection with Sour Bazar P.S. Case No. 330 of 2019.

(Sudhir Singh, J) U.K./- U T