Shashi Bhushan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8273 of 2023 Arising Out of PS. Case No.-413 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== SHASHI BHUSHAN RAI Son of Ravi Kant Rai R/V- Baruna, P.sBikramganj, Dist- Rohtas at Sasaram Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Bikramganj Police Station Case No. 413 of 2022 dated 09.09.2022, disclosing offences under Sections 307 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution story, on the basis of First Information Report, is that the informant was at his door on 03.09.2022 at about 10:00 am, the petitioner fired upon him due to which the informant sustained injury on his left leg near the thigh.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.8273 of 2023(2) dt.03-05-2023 2/3 petitioner has falsely been implicated in this case due to village rivalry.

There is a case and counter case, inasmuch as, the petitioner has also lodged First Information Report bearing No. 416 of 2022 against the family members of the informant. He next submits that the injury caused to the informant is not on the vital part of the body and the petitioner is in custody since 03.09.2022.

Regards being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that the petitioner is in custody since 03.09.2022, and the charge-sheet has already been submitted and there is a case and a counter case, accordingly, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection to the Bikramganj Police Station Case No. 413 of 2022 dated 09.09.2022, disclosing offences under Sections 307 of the Indian Penal Code and Section 27 of the Arms Act. This is subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.8273 of 2023(2) dt.03-05-2023 3/3 present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) ashwani/- U