Rajan Kumar @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10427 of 2023 Arising Out of PS. Case No.-719 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Rajan Kumar @ Sandeep Kumar Son of Late Sohan Prasad, Resident of Village - Hanuman Garhi, Nakchhed Tola, P.S.- Town Motihari, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

As per FIR, allegation against the petitioner is of abusing and assaulting the informant with slaps thereafter the petitioner shot fire upon the informant due to which the informant sustained injury on his leg.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. According to FIR, the

Patna High Court CR. MISC. No.10427 of 2023(3) dt.19-05-2023 2/2 allegation against the petitioner is of shot fire upon the injured Vishal Kumar but injury report which is annexed with the case diary, shows that only one injury which is simple in nature caused by hard and blunt substance. There is major contradiction between the prosecution and medical report. It is further submitted that the petitioner is languishing in judicial custody since 26.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 719 of 2022 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, East Champaran, Motihari.

(Sunil Kumar Panwar, J) Niraj/Lata U T