Nepali @ Guddu @ Thathera v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5120 of 2019 Arising Out of PS. Case No.-549 Year-2019 Thana- DANAPUR District- Patna ====================================================== Nepali @ Guddu @ Thathera, Son of Munna Prasad, Resident of MohallaNasariganj behind Kushwaha Market, P.S.- Danapur, District- Patna. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Arvind Prasad Singh For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-11-2019 Appellant seeks bail in connection with Danapur P. S. No.549 of 2019 registered for the offences punishable under Sections 307, 341, 323, 325, 504, 506, 34 of IPC, Section 27 of the Arms Act and Sections 3(i) (r) of SC/ST Act. As per F.I.R. appellant is said to have fired on the neck of the informant, causing injury and there are allegations against other accused persons also.
Submission of the learned counsel for the appellant is that there is case and counter case between the parties and appellant has himself received injury, which will appear from Annexure-2 to this appeal. The injuries is on the informant, which is not on the vital part, whereas appellant is in custody for more than 4 months. The charge sheet has already been submitted.
Patna High Court CR. APP (SJ) No.5120 of 2019(2) dt.25-11-2019 2/2 Heard learned Special P.P. for the State, also. Having heard both sides, in view of the facts and circumstances, as stated above, this appeal is allowed. The impugned order dated 18.10.2019 is set aside. Let the appellant above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge-XX-cum-Special Judge, SC/ST Act, Patna, in connection with Danapur P. S. No.549 of 2019, subject to the condition that one of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the court concerned with condition that he has to co-operate in disposal of the trial.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T