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Patna High Court - Orders

Pakhandu Musahar vs The State Of Bihar on 1 April, 2019

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18746 of 2019
                  Arising Out of PS. Case No.-142 Year-2018 Thana- CHAND District- Kaimur (Bhabua) *
                 ======================================================
                 Pakhandu Musahar, Son of Kunwar Mushar, Resident of Mahmmadpur
                 (Sirihira) P.S.- Chand, District- Kaimur (Bhabhua).

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandra Mohan Jha
                 For the Opposite Party/s :       Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                       ORAL ORDER

2   01-04-2019

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 27.11.2018 in a case registered for the offences punishable under Sections 341, 323, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that in the background of dispute with regard to electricity connection from the electric pole in which the husband of the informant made protest, upon which the petitioner resorted to fire on the husband of the informant causing injury.

It is submitted by learned counsel for the petitioner that from the perusal of the impugned order, it is evident that neither the informant nor her husband received any grievous Patna High Court CR. MISC. No.18746 of 2019(2) dt.01-04-2019 2/2 injury and the investigation has already been concluded. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation of firing is specific against the petitioner.

Considering the fact the investigation has already been concluded and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, 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 Additional Chief Judicial Magistrate-IV, Kaimur at Bhabua in connection with Chand P.S. Case No. 142 of 2018.

(Dinesh Kumar Singh, J) DKS/-

U       T