Sunil Das @ Sushil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74784 of 2019 Arising Out of PS. Case No.-572 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== SUNIL DAS @ SUSHIL DAS Son of Shankar Das Resident of Village - Dilawarpur, P.S.- Bahadurpur, District - Darbhanga. ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Ms. Mira Kumari, Advocate.

For the State :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Laheriasarai P.S. Case No.572 of 2018 registered under Sections 307/34 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that on 27.11.2018, the informant Akhilesh Kumar Ram had come at the clinic of Dr. V.V. Shah, in connection with the treatment of her mother Pramila Devi. After checkup, the informant asked his mother to go at the clinic of Sheela Shah, saying that he will come there after taking the tea. When the informant after taking the tea proceeded for the clinic of Sheela Shah, near the graveyard, all of sudden, he received the gun shot injury at his left shoulder and he fell down. Vishal Kumar, Munna Ram, Pramod Das Donar and Vimla Shah Gaijpar disclosed that at that

Patna High Court CR. MISC. No.74784 of 2019(4) dt.19-03-2020 2/2 time, Amit Shah, Sunil Das (petitioner) and Raghav were seen moving from there making firing.

Learned counsel appearing on behalf of the petitioner submits that while the allegation has been made against the petitioner and others to make firing but only one firearm injury was found on the person of the informant, which would appear from the photo copy of the injury report of the informant, as attached with the photostat copy of the case diary, but the nature of the injury has not been mentioned therein. The petitioner is in custody since 05.07.2019 and, on investigation, the police has already submitted the chargesheet against the petitioner. Having regard to the facts and the circumstances of the case, 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 to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai P.S. Case No.572 of 2018.

(Rajendra Kumar Mishra, J) P.S./- U