Patna High CourtCR. MISC./8574/2024bail granted

Sri Bihari Shukla v. The State Of Bihar

2024-02-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8574 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- DHANSOI District- Buxar ====================================================== Sri Bihari Shukla S/o- Late Kailash Shukla Village- Parbat Chakra PSDhansoi Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar, Advocate Mr. Dinkar Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dhansoi P.S. Case no.165 of 2023 registered under sections 307, 323, 147, 148, 149, 341, 447, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that at the instigation of Jitendra Shukla, Hanuman Shukla fired from his pistol as a result of which Saroj Yadav sustained gunshot injury. Jitendra Shukla is said to have further assaulted Ghanshyam Yadav. The petitioner was also present along with the other accused persons.

Patna High Court CR. MISC. No.8574 of 2024(2) dt.20-02-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Even as per the allegations in the FIR, the specific overt act is on Hanuman Shukla and Jitendra Shukla and not the petitioner herein. He is in custody since 13.11.2023 and charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, no overt act having been alleged against him, the petitioner having remained in custody since 13.11.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Dhansoi P.S Case no.165 of 2023 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 Judicial Magistrate 1st Class, Buxar.

(Partha Sarthy, J) Shiv/- U T