Jai Kumar @ Jairam Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9334 of 2023 Arising Out of PS. Case No.-694 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== Jai Kumar @ Jairam Thakur S/O Jangalu Thakur Resident Of VillageChiraiyatar, P.S.- Jehanabad, District- Jehanabad. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

As per the allegation in F.I.R, petitioner along with other co-accused persons were constructing a house forcibly over the land of informant and on protest petitioner along with other co-accused persons came to the house of informant and started assaulting his family

Patna High Court CR. MISC. No.9334 of 2023(2) dt.18-04-2023 2/3 members. It is further alleged that petitioner opened fire which hits on the thigh of informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. Both parties are agnates and in the background of land dispute, the present case has been lodged against the petitioner and other co-accused persons. The gun shot injury, caused by firing which is alleged on petitioner, is on the thigh of informant, which is not a vital part. It is further submitted that charge sheet has been submitted against the petitioner. Moreover, the petitioner is languishing in judicial custody since 29.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted

Patna High Court CR. MISC. No.9334 of 2023(2) dt.18-04-2023 3/3 that petitioner has opened fire upon the informant. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jehanabad (Karauna O.P.) P.S. Case No. 694 OF 2020 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 C.J.M., Jehanabad.

(Sunil Kumar Panwar, J) nirajkrs/- U T