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Patna High CourtCR. MISC./8624/2023bail granted

Kapil Ray v. The State Of Bihar

2023-04-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8624 of 2023 Arising Out of PS. Case No.-282 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== Kapil Ray Son Of Ramekbal Ray R/O Village- Khodha, Hasuara Tola, P.S. - Chiraiya, District- East Champaran ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Jitendra Kumar, Advocate For the Opposite Party :

Mr.Rajendra Nath Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307, 302/34 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, all the FIR named accused persons including this petitioner assaulted Bhaisur of the informant.

Learned counsel appearing for the petitioner submits that the specific allegation of causing fire arms injury to the victim is against other accused persons and no injury report is on the record. Petitioner claims clean antecedent. Similarly situated co-accused has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide annexure 2 to the bail petition.

Patna High Court CR. MISC. No.8624 of 2023(2) dt.24-04-2023 2/2 Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Sikiarhana at Dhaka/ Additional Sessions Judge 22, Motihari, East Champaran in Chiraiya Police Station Case No. 282 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T