Patna High CourtCR. MISC./25767/2018bail granted

Sawan Kumar v. The State Of Bihar

2018-04-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25767 of 2018 Arising Out of PS.Case No. -568 Year- 2017 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Sawan Kumar, Son of Vinod Jha, Resident of Village- Madhepura Town, Ward No.- 19, Karpoori Chowk, P.S. & District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun, Adv For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Madhepura P.S. Case No. 568 of 2017, a case under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The occurrence is alleged to have taken place due to land dispute between the parties. Allegation is that the wife of the informant disclosed in the hospital to the informant that co-accused Chandra Bhusan Jha has caught her and petitioner fired twice, thereafter, co-accused-Vinod Jha took the pistol from petitioner and fired twice at her as a result whereof, the victim died during the course of treatment.

Patna High Court Cr.Misc. No.25767 of 2018 (2) dt.30-04-2018 Submission of learned counsel for the petitioner that the nature of injury found on the person of wife of the informant would not keep her able to speak, hence, the F.I.R. is concoction one. There is no eye witness of the occurrence and the petitioner has falsely implicated due to land dispute.

Considering the substance in the aforesaid submission, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Madhepura Police Station Case No. 568 of 2017 with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T