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Patna High Court - Orders

Badlu Kumar Singh @ Bhupesh Kumar Singh @ ... vs The State Of Bihar on 2 May, 2017

Author: Aditya Kumar Trivedi

Bench: Aditya Kumar Trivedi

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Appeal (SJ) No.117 of 2017
                       Arising Out of PS.Case No. -284 Year- 2016 Thana -DARIYAPUR District- SARAN
                 ======================================================
                 Badlu Kumar Singh @ Bhupesh Kumar Singh @ Badlu Singh son of
                 Bageshwar Singh resident of Village - Jalalpur, P.S. - Dariyapur, District -
                 Saran.

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

                                                                 .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s  :   Mr. Ram Kishore Singh, Advocate
                 For the Respondent/s   : Mr. Sadanand Paswan, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR
                 TRIVEDI
                 ORAL ORDER

5   02-05-2017

Heard learned counsel for the appellant as well as learned Spl. P.P. Informant is the tractor driver who was unloading bricks over the land belonging to Surendra Singh. During midst thereof, it has been alleged that appellant came along with gun and shot at informant causing injury on his buttock.

From the perusal of the case diary, it is evident that there happens to be no repetition of firing. Further more, it is also evident from the injury report that though, presence of fire arm injury over the buttock, entry as well as exit, has been found in one millimeter dimension, simple in nature, appellant happens to be under custody since 7.11.2016 having no criminal antecedent as Patna High Court CR. APP (SJ) No.117 of 2017 (5) dt.02-05-2017 2/2 per para-3 of the memo of appeal.

Consequent upon, setting aside the order impugned dated 23.11.2016 passed by the 1st Additional Sessions Judge- cum- special Judge, SC/ST, the appellant, Badlu Kumar Singh @ Bhupesh Kumar Singh @ Badlu Singh, is directed to 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 the 1st Additional Sessions Judge-cum-Special Judge, SC/ST, Saran at Chapra in connection with Dariyapur P.S. Case No. 284 of 2016.

The appeal is allowed.




                                            (Aditya Kumar Trivedi, J)
    S.Pandey

U        T