Bishkant Rai @ Vishwakant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8682 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- SALIMPUR District- Patna ====================================================== BISHKANT RAI @ VISHWAKANT RAI S/O- RAM BACHAN RAI R/OVILLAGE- SAIDPUR, P.S.- SALIMPUR, DIST.- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Adv.

For the Opposite Party/s:

Mr.Akhileshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in Salimpur P.S. Case No. 162 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant alleged that the petitioner, one of the co-accused opened fire upon the husband of the informant as a result he sustained injuries.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior mo-

Patna High Court CR. MISC. No.8682 of 2024(5) dt.28-06-2024 2/3 tive. The allegation levelled against the petitioner is totally false and based on concocted facts. Both the parties are agnates and this case has been lodged in the background of land dispute. Though there is serious allegation against the petitioner, but he had no intention to kill the husband of the informant. He has no concern with the alleged occurrence. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application. He is in custody since 04.10.2023 and the charge has already been framed against him.

5. Learned APP for the State opposes the prayer for bail and submits that there is serious allegation against the petitioner of causing grievous injury to the husband of the informant.

6. Considering the submissions made as well as the period of judicial custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Salimpur P.S. Case No. 162 of 2023.

7. Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates on the date fixed in the case, the prosecution

Patna High Court CR. MISC. No.8682 of 2024(5) dt.28-06-2024 3/3 will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below. (Anjani Kumar Sharan, J) divyanshi/- U T