Dallo Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80973 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MANSI District- Khagaria ====================================================== 1.

DALLO SAO Son of Late Jagdish Sao Resident of Village - Chukti, P.S.- Mansi, District- Khagaria 2.

Kanhaiya Sao Son of Late Jagdish Sao Resident of Village - Chukti, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 386, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the petitioners made firing upon the informant, but he fell down and did not sustain fire arm injury and co-accused Laxman Sao shot at the informant, as a result of which, he sustained fire arm injury and fell down. It has been submitted on behalf of the petitioners that the petitioners are in custody since 2.9.2019 and have got no criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.80973 of 2019(2) dt.10-12-2019 2/2 case. There is no allegation of tampering of witnesses alleged against the petitioners. The specific allegation is alleged against the co-accused Laxman Sao. The petitioners are alleged to have fired, but the same did not cause any injury to anyone. The informant has made a petition before the court below, where he has retracted from his earlier statement made in the F.I.R. Said application is Annexure 3 to the present application. Other coaccused has been granted bail vide Annexure 2 to the present application.

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

Considering the aforesaid facts and circumstances, let the petitioners, 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 learned Judicial Magistrate, 1st class, namely, S. Kumar, Khagaria in connection with Mansi P.S. case No.7 of 2019, G.R. No.81 of 2019. (Sudhir Singh, J) Narendra/- U T