Ganesh Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75847 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== Ganesh Jaiswal, Son of Late Durga Pd. Jaiswal, Resident of Mohalla-Kali Asthan Begam Ki Haveli,P.S. Khajekalan,Distt.-Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.07.2018 in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation against the petitioner and co-accused Kallu @ Rahul is that they made indiscriminate firing on the informant causing injury on the head, right wrist and the chest of the informant.

It is submitted by learned counsel for the petitioner that the injury of the informant has been examined in Nalanda Medical College & Hospital, Patna when six lacerated injuries have been found, most of them are skin deep and the injuries after radiological examination have been found simple in nature.

Patna High Court CR. MISC. No.75847 of 2018(5) dt.28-02-2019 2/2 It is further submitted that similarly situated co-accused Kallu @ Rahul has been granted bail by a Co-ordinate Bench of this Court on the ground that the injury has been found simple in nature.

Learned APP submits that there is direct accusation against the petitioner.

Considering the fact that though the petitioner is accused in one another case but keeping in view the fact that the injuries have been found simple, similarly situated co-accused has been granted bail and investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Patna City in connection with Khajekalan P.S. Case No. 195 of 2018.

The learned Court below will be at liberty to cancel the bail bonds of the petitioner in two eventualities; if the petitioner defaults for two consecutive occasions or gets substantially involved in some serious nature of offence. (Dinesh Kumar Singh, J) DKS/- U T