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Patna High CourtCR. MISC./14141/2021bail granted

Surendra Rai v. The State Of Bihar

2021-08-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14141 of 2021 Arising Out of PS. Case No.-261 Year-2017 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== SURENDRA RAI S/o Yugal Rai Resident of Village- Chaishima, P.S.- Sadar, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per allegations in the F.I.R., as a result of firing carried out in the 'barat' by the petitioner and one another accused, it is stated that one of the bullets hit the informant in his right hand. Thereafter the other accused persons assaulted him with a farsa.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and

Patna High Court CR. MISC. No.14141 of 2021(3) dt.24-08-2021 2/2 concocted and not supported by the injury report. None of the two injury reports mention the injury to have been caused by firearm and the same are simple in nature. The petitioner is in custody since 16.10.2020 and has no criminal antecedent. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody together with the contents of the injury report, the Court directs the petitioner to be enlarged on bail in connection with Sadar P.S. Case no.261 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T