Shashi Kumar Singh @ Shashi Singh vs The State Of Bihar on 29 July, 2011

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.25104 of 2011
                          Shashi Kumar Singh @ Shashi Singh son of
                          Janardhan Singh, resident of village-Dewasthapur,
                          P.S.-Itarhi, District-Buxar.
                                                   Versus
                                             The State of Bihar
                                                 -----------

2. 29.7.2011. Heard learned counsel for the petitioner and learned
counsel for the State.

It is submitted on behalf of the petitioner that offence

under section 307 of the Indian Penal Code is not made out as

according to the first information report, allegation against the

petitioner is that he assaulted by butt of pistol on the head of the

informant’s son. It is further submitted that the police on conclusion

of investigation charge-sheeted five accused persons but the

petitioner was not sent up for trial. However, the Chief Judicial

Magistrate, Buxar differing with the police report took cognizance

of the offence against the petitioner also.

Taking into consideration the fact that the police on

conclusion of investigation submitted final report against the

petitioner, let the petitioner, namely, Shashi Kumar Singh @ Shashi

Singh, in the event of his arrest or surrender before the court below

within a period of four weeks from the date of

receipt/communication of the order be released on bail on

furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties

of the like amount each to the satisfaction of Chief Judicial

Magistrate, Buxar in connection with Itarhi P.S. Case No.25 of 2008

subject to the conditions as laid down under section 438(2) of the

Code of Criminal Procedure.

Md.S.                                         ( Ashwani Kumar Singh, J.)
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