Pintu Kumar vs The State Of Bihar on 23 February, 2017

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Patna High Court - Orders

Pintu Kumar vs The State Of Bihar on 23 February, 2017

Bench: Jitendra Mohan Sharma

      Patna High Court Cr.Misc. No.3477 of 2017 (2) dt.23-02-2017




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Miscellaneous No.3477 of 2017
                          Arising Out of PS.Case No. -144 Year- 2016 Thana -SANDESH District- BHOJPUR
                   ======================================================
                   Pintu Kumar, S/o Radha Krishna Singh, Resident of Village- Kori, P.S.-
                   Sandesh, District- Bhojpur.                    .... .... Petitioner
                                                     Versus
                   The State of Bihar.                  .... .... Opposite Party
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :   Mr. Gajendra Kumar Singh
                   For the Opposite Party/s    : Mr. Sri Mukeshwar Dayal
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                   SHARMA
                   ORAL ORDER

2   23-02-2017

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

The petitioner seeks bail in connection with Sandesh P.S. Case No. 144 of 2016 registered for the offences punishable under Sections 341, 323, 337, 504, 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, in the occurrence the petitioner brought pistol and opened fire at first in air and thereafter, opened fire on the informant which hit his thigh. Thereafter, co-accused Vikash Kumar opened fire which hit the testicles of the informant, Mukesh Kumar also opened fire but that did not hit.

Submission is of false implication and that no offence under Section 307 IPC is made out, at best it can be a case of Section 325 IPC. The petitioner is in custody since 18.10.2016, the occurrence has taken place due to petty dispute for fixing peg. Patna High Court Cr.Misc. No.3477 of 2017 (2) dt.23-02-2017 The informant has not received serious injury and further the petitioner has not fired on the vital part and as such he deserves sympathetic consideration.

Learned APP submits that from annexure-3 which is the photocopy of injury report it reveals that the injuries were caused by firearms and are grievous in nature.

In the facts and circumstances stated above, the petitioner shall be released on bail after completion of 9 (nine) months in custody from the date of his remand in this case on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh P.S. Case No. 144 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/-

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Patna High Court - Orders