Rahul Raj @ Rahul Mental v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7719 of 2023 Arising Out of PS. Case No.-1098 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== RAHUL RAJ @ RAHUL MENTAL S/o Bhola Ray R/o Mohalla- Ishopur Phulwari, P.S.- Phulwari Sharif, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Jha, Advocate.

For the Opposite Party/s :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard the parties.

Petitioner seeks regular bail in connection with Phulwari Sharif (Patna) P.S. Case No. 1098 of 2019 dated 22.12.2019 registered for the offences punishable under Sections 147, 148, 149, 337, 307 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

As per the First Information Report, on 22.12.2019, while the informant was returning from the market, he saw that a lot of persons had assembled on the road and the stones and bombs were being thrown from the roof of the house situated near the road. It has further been alleged that the petitioner fired a shot which hit the informant near his leg. The petitioner was making firing from the roof. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7719 of 2023(2) dt.03-05-2023 2/3 petitioner has got no criminal antecedent and he has falsely been implicated in this case due to personal rivalry. He next submits that in fact there was a rally of Political Party in which so many persons had assembled and there was scuffle between the groups of Political Party the petitioner has falsely been implicated in the present case. The petitioner is in custody for about more than six months i.e. since 25.8.2022 and charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the injury caused to the petitioner is not on vital part of the body, the petitioner has got no criminal antecedent, he is in custody since 25.8.

2022, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.

Patna High Court CR. MISC. No.7719 of 2023(2) dt.03-05-2023 3/3 Patna, in connection with Phulwari Sharif P.S. Case No. 1098 of 2019.

(Anil Kumar Sinha, J) S.Ali/- U