Patna High Court
Nawal Kishor Prasad vs The State Of Bihar on 27 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.828 of 2021
Arising Out of PS. Case No.-36 Year-2015 Thana- DHAKA District- East Champaran
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NAWAL KISHOR PRASAD Son of Late Rajendra Prasad Resident of Village
- Bara Jayram, P.S. - Chiraiya, District - East Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Madhurendra Kumar, Adv.
For the Respondent/s : Mr. Sujit Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 27-08-2021
In view of sudden resurgence of COVID-19 infection there
is limited functioning of the High Court and therefore the matter has
been listed for consideration through virtual mode.
2. Heard learned Counsel for the appellant and the learned
APP for the State.
3. Learned counsel for the appellant is expected to honour
his undertaking given in the instant case for depositing the requisite
court fee and to remove the defects as pointed out by office when
called upon to do so by the office.
4. Appellant has been convicted under Section 307 of the
Indian Penal Code and Section 25(1-B)A, 26 and 27 of Arms Act in
connection with Sessions Trial No. 642 of 2015, arising out of Dhaka
Police Station (for brevity, PS) Case No. 36 of 2015, and sentenced
Patna High Court CR. APP (SJ) No.828 of 2021 dt.27-08-2021
to undergo R.I. for five years and to pay a fine of Rs. 10,000/- for the
offence punishable under Section 307 of the Indian Penal Code, the
appellant has been further sentenced to undergo R.I. for two years
with fine of Rs. 5,000/- under Section 25(1-B)A of Arms Act and
further the appellant has been sentenced to undergo R.I. for two years
with fine of Rs. 5,000/- under Section 26 of Arms Act and he has
been sentenced to undergo R.I. for three years with fine of Rs.
5,000/- under Section 27 of the Arms Act, prays for suspension of
sentence and grant of bail, during pendency of the appeal.
5. The allegation is that while informant was sitting at his
shop, gun shot injury caused in his right shoulder.
6. Learned counsel for the appellant submits that
informant and his brother are the only persons who stood at the trial
in support of the case. Arms were never sent for examination in the
Forensic Science Laboratory. I.O. has not found any blood stain at
the place of occurrence. Doctor in his deposition has stated
that if blood is not discharged, the injury might have been caused by
hard blunt substance. This has been taken note of in the judgment in
paragraph 13. Appellant is about 62 years old. He has already spent
more than half the sentence, awarded to him.
7. Learned APP opposed the prayer for bail. He submits
that doctor has found blackish injury. The same is indicative of
firearm injury.
Patna High Court CR. APP (SJ) No.828 of 2021 dt.27-08-2021
8. Considering the rival submissions and the fact that the
appellant has spent more than half the sentence awarded to him by
the judgment under appeal, prayer for suspension of sentence and
grant of bail to appellant is allowed. Let the sentence of appellant,
above named, be suspended and he be released on bail on his
furnishing bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge VIIth, East Champaran, Motihari in
connection with Sessions Trial No. 642 of 2015, arising out of Dhaka
P.S. Case No. 36 of 2015, subject to the following condition:
(i) That one of the bailors will be a close relative of the
appellant who will give an affidavit giving genealogy as to how he is
related with the appellant. The bailor will also undertake to inform
the Court if there is any change in the address of the appellant.
(Madhuresh Prasad, J)
rakhi/-
AFR/NAFR
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