Ramashray Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4636 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- SALIMPUR District- Patna ====================================================== 1.

RAMASHRAY PRASAD S/o Late Nandan Rai @ Late Nann Rai R/o Village- Muradpur, P.S.- Salimpur, Distt- Patna. 2.

Guddu Kumar S/o Late Lutkun Rai R/o Village- Muradpur, P.S.- Salimpur, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Premchandra Yadav For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioners, informant and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioners along with others is said to have assaulted the informant's brother due to which, he sustained injury. It is further alleged that the other coaccused shot fired upon one Masudhan Rai and he sustained injury on his leg.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.4636 of 2023(2) dt.01-05-2023 2/2 that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that it is a case and counter case. Members of both parties have sustained injuries. There is no specific overt act against these petitioners. The specific allegation of gun-shot firing is against co-accused Mukesh Kumar, due to which Masudhan Rai sustained gun-shot injury in his leg. They are languishing in judicial custody since 26.10.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned J.M.-1st, Barh (Patna) in connection with Salimpur P.S. Case No. 190 of 2022.

(Sunil Kumar Panwar, J) arish/- U T