Kare Lal Bind And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36409 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -SULTANGANJ District- BHAGALPUR ======================================================
1. Kare Lal Bind, S/o Kishori Bind.
2. Rama Devi, W/o Kare Lal Bind, Both are R/o Village- Asiyachak, P.S.- Sultanganj, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners seek bail in connection with Sultanganj Police Station Case No. 37 of 2018 registered for offences punishable under sections 147, 148, 149, 323, 341, 302 of the Indian Penal Code and section 27 of the Arms Act. It appears that the allegation of assault is omnibus against ten accused persons. The allegation of causing firearm injury is specific against Anjani Bind and Gorelal Bind. Petitioners and informant are resident of same place and occurrence took place on account of dispute for fishing. The doctor conducted post mortem of the deceased and recovered one metallic bullet and reported cause of death due
Patna High Court Cr.Misc. No.36409 of 2018 (3) dt.19-07-2018 2/2 to haemorrage and shock due to firearm injury. Petitioners are in custody since 16.02.2018 having clean antecedent. The learned Additional Public Prosecutor on the other hand opposed the submission.
Considering the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj Police Station Case No. 37 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T