Single judge order released the petitioner on bail for offences under Sections 290, 307 IPC and Section 27 Arms Act after investigation was complete. Bail granted on Rs. 10,000 with sureties subject to CrPC 437(3).
Dir. release on bail with Rs. 10,000 bond and two sureties of like amount to ACJM Kaimur, subject to CrPC 437(3).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40964 of 2022
Arising Out of PS. Case No.-145 Year-2021 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Vikash Chaubey @ Vikash Ranjan Son of Late Anl Chaubey Resident of Village - Fakarabad, P.S.- Kudra, Distt.- Kaimur (Bhabhua).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the State : Mr. Mukeshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 15-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Kudra P.S. Case No. 145 of 2021 registered for the offence under Sections 290 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 30.04.2022.
The allegation against the petitioner is to fire in a wedding party, where one five year old boy was hit by the bullet, alleged to be fired by petitioner.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.40964 of 2022(3) dt.15-12-2022 2/3
submitted that alleged firing was celebratory in wedding party, without targeting the injured or carrying any intention to cause death. It is further submitted that the eye witness/informant of this case, who is none but the father of the injured, retracted from his earlier version and file a petition on affidavit before the Court of learned Additional Chief Judicial Magistrate-VI, Kaimur, Bhabhua stating thereof that the injury was received by crackers and not by the firing made by this petitioner. It is also submitted that the ingredients of this case is attracting the offence as defined u/s 308 of the Indian Penal Code. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, and by taking note of the accusation, where petitioner is in custody since 30.04.2022 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kudra P.S. Case No. 145 of 2021 on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.40964 of 2022(3) dt.15-12-2022 3/3
(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Kaimur, Bhabhua/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Ankit/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail with conditions after investigation in the present FIR is complete.
Vikash Chaubey
The State of Bihar
CHANDRA SHEKHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
