Amit Kumar @ Amit Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83626 of 2019 Arising Out of PS. Case No.-631 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AMIT KUMAR @ AMIT MAHTO Son of - Chotu Mahto Resident of Ward No. 24, Near of Durga Sthan, Bagha, Baghim, Suhird Nagar, P.S.- Town, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal For the Opposite Party/s :
Mr.Mohammad Sufyan For the Informant :
Mr. Shashank Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 307 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case in short is that in order to threaten the informant and his family members, the accused persons, variously armed, fired upon him which hit his motorcycle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.10.2019. There is no allegation of
Patna High Court CR. MISC. No.83626 of 2019(4) dt.05-06-2020 2/2 tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. Due to previous enmity, the petitioner has been made accused in the present case. None is said to have been injured in course of incident. The firing made by the accused persons hit the motorcycle of the informant. Hence, no offence under Section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 631 of 2019.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case. (Sudhir Singh, J) Pankaj/- U T