Patna High Court - Orders
Shivshankar Singh vs The State Of Bihar on 6 December, 2017
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34816 of 2017
Arising Out of PS.Case No. -73 Year- 2017 Thana -FATUHA District- PATNA
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Shivshankar Singh, S/o Rampati Singh, R/ Village- Janardanpur, P.S.-
Fatuha, P.S.- Fatuha, District- Patna.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha
For the Opposite Party/s : Mr. Ramchandra Sahani
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
3 06-12-2017Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Fatuha P.S. Case no. 73 of 2017, registered under Sections 341, 323, 325, 307, 504, 506 and 379/34 of the Indian Penal Code.
The accusation is that four persons named in the F.I.R. including the petitioner variously armed with weapon reached at the house of informant and started to abuse the informant Savitri Devi, when she made protest then Rampati Singh gave lathi blow causing fracture injury in her leg, when English Kumar, disabled son of the informant, rushed to save her then this petitioner having pistol and lathi in his hand caused injury through lathi at the head of English Kumar. At that time, petitioner and Mahapati Devi took box containing golden ornaments and cash of Rs. 5,000/- from the house of Patna High Court Cr.M isc. No.34816 of 2017 (3) dt.06-12-2017 2/2 the informant.
Learned counsel for the petitioner submits that while allegation has been made against the petitioner that he was present with pistol and lathi at the time of occurrence, but he caused injury at the head of English Kumar as detailed in para 25 of the case diary, which is simple in nature. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. 1 st Class, Patnacity, Patna in connection with Fatuha P.S. Case No. 73 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/-
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