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Avinav Apurwa @ Bam Singh @ Baban Singh vs State Of Bihar

Patna High Court · Decided on 17 March 2020 · Citation: (2020) 03 PAT CK 0040

HON’BLE JUDGES
Ahsanuddin Amanullah, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307 · Arms Act, 1959 — Section 27
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 84657 Of 2019
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Judgment

7 paragraphs · 377 words
1.

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

2.

The petitioner seeks bail in connection with Barauni (Refinery) PS Case No. 521 of 2018 dated 06.11.2018 instituted under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

3.

The allegation against the petitioner is of firing on the informant though not causing any injury.

4.

Learned counsel for the petitioner submitted that as per the allegation, the petitioner and another person had fired on the informant but no injury was caused whereas with regard to another co-accused, who is also said to have fired, his bullet has hit the informant in the abdomen for which he has been treated. Learned counsel submitted that the petitioner has no connection in the dispute between the parties and further that he is a businessman pursuing his own vocation and does not have any other criminal antecedent. It was submitted that the petitioner is in custody since 03.10.2019.

5.

Learned APP, from the case diary, could not controvert the fact that the alleged firing from the petitioner did not hit the informant.

6.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Barauni (Refinery) PS Case No. 521 of 2018. One of the bailors shall be a close relative of the petitioner. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

7.

The application stands disposed off in the aforementioned terms.