IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14640 of 2011
Shyam Singh
Versus
The State Of Bihar
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05. 19.10.2011 The petitioner has renewed his prayer for bail in a
case registered under Section 302/34 of the I.P.C. and Section
27 of the Arms Act. He is languishing in jail custody since
19.05.2010.
It is alleged against the petitioner to have caused
fire-arm injury on the left eyebrow of the brother of the
informant and thereafter one Hareram Manjhi caused fire-
arm injuries on the back of head whereas Mukesh Jha caused
fire-arm injury on the hand of the deceased.
It is submitted by learned counsel for the
petitioner that both sides are agnates and the petitioner is
deprived of his share of property and for that reason petitioner
has been implicated. It is further submitted that the F.I.R.
suggests that informant is not the eyewitness as the post
mortem report reflects two injuries one on the eye-brow and
the other on the occipital region, both injuries are
communicating to each other whereas the prosecution side
claims three injuries being caused to the victim.
The report of the learned court-below at Flag-‘X’
suggests that no charges having been framed as yet.
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Learned counsel for the petitioner submitted that
the informant has claimed three fire-arm injuries to the victim
when the post mortem report reflects only one injury then the
version of the informant gets clouded.
However, learned counsel for the State submits
that the paragraph No. 62 of the case-diary reflects the
criminal antecedent of all the accused persons. It is submitted
by learned counsel for the petitioner that petitioner is not
named in those cases which are referred in the case-diary. It
is submitted that other two assailants have already been
granted bail.
Let the learned court-below verify all those cases
as referred above, and if the petitioner is not named in the
F.I.Rs. of those cases then the petitioner shall 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
Addl. Sessions Judge, F.T.C. No. V, Khagaria in connection
with Sessions Trial no. 102 of 2011 arising out of Parbatta
P.S. Case No. 161 of 2009.
Learned court-below will be at liberty to
positively cancel the bail bond of the petitioner if the
petitioner defaults for three consecutive occasions during trial.
( Dinesh Kumar Singh, J.)
Mkr.
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