Raja Bhagat @ Raja Babu Kumar @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10015 of 2023 Arising Out of PS. Case No.-558 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Raja Bhagat @ Raja Babu Kumar @ Raja Babu S/O Maya Bhagat Resident Of Village- Sukul Dumar, P.S.- Bhorey, District- Gopalganj At Present Resident Of Village- Arna Jhirwa Gulariya Tola, P.S.- Uchakagaon, DistrictGopalganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Setu Prateek, Advocate Mr. Shubham Kumar, Advocate For the Opposite Party/s :

Mr.Rina Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 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 323, 341, 307, 504 and 120B of the Indian Penal Code and Sections 25(1b)a, 26(i), 27 and 35 of the Arms Act. As per FIR, the allegation against the petitioner and co-accused persons is that they came at the shop of the informant and fired upon the informant due to which he sustained injury. It is further alleged that during course one katta and a bullet fell down there.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.10015 of 2023(3) dt.07-07-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute. There is general and omnibus allegation of assaulting attributed against the petitioner. The petitioner has no concern with the alleged recovery and nothing has been recovered from his conscious possession. As per injury report, which is annexed with case diary, injury sustained by the injured is simple in nature. It is further submitted that the petitioner is languishing in judicial custody since 08.12.2022.

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 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 Bhore P.S. Case No. 558 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, Gopalganj. (Sunil Kumar Panwar, J) Manishkumar/- U T