Petitioner, in custody since November 2014 for offenses under IPC and Arms Act, filed bail application. Court noted medical report showed injury caused by co-accused only. Granted bail on furnishing bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24574 of 2015
Arising Out of PS.Case No. -433 Year- 2014 Thana -FATUHA District- PATNA ====================================================== Bahadur Singh, Son of late Ganga Bishun Singh of village Shivchak, Police Station – Fatwah, District – Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binoy Kumar For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 26.11.2014 in a case registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act. It is alleged that all the accused persons including the petitioner variously arms surrounded the husband of the informant when on the order of co-accused Niranjan Singh, coaccused Ramnandan Singh fired and thereafter other accused persons including the petitioner assaulted the husband of the informant.
It is submitted by learned counsel for the petitioner that specific accusation of assault is levelled only
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against Niranjan Singh and Ramnandan Singh and there is no specific accusation against the petitioner. The post-mortem reflects only one firearm injury which is alleged to have been caused by Ramnandan Singh.
It is submitted by learned counsel for the informant that the petitioner was also a member of unlawful assembly and he also assaulted the husband of the informant.
Considering the fact that the medical opinion only suggests the firearm injury caused by co-accused Ramnandan Singh, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna City in connection with Fatwah P.S. Case No. 433 of 2014.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail given the medical evidence only points to injury caused by other accused.
Whether lack of specific accusation against the petitioner warrants release on bail.
Bahadur Singh
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
