Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16370 of 2024 Arising Out of PS. Case No.-203 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== 1.

Raja Kumar S/O Shiv Shankar R/O Village- Ward No. 5, Hilalpur, P.SGanga Bridge, Distt.- Vaishali. 2.

Uday Kumar @ Uday Rai S/O Sanjay Rai R/O Village- Madarpur, P.SGanga Bridge, Distt.- Vaishali ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsel for the parties.

2. Petitioners seek regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506, 120B/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, on 26.12.2022 at 6 P.M all the F.I.R named accused persons including these petitioners surrounded the informant and started abusing him and when the informant protested, accused Ranjit Rai told to shoot, on which petitioner no.2 fired from his pistol and due to fear the informant started to flee from his motorcycle. Thereafter, all the accused persons including these petitioners chased the informant and made indiscriminate firing on him which hit on his right thigh. One passer-by Ramesh Kumar @ Ram Babu Rai also sustained gut shot injury. It is further alleged that earlier also on 30.11.2022 the accused persons had also scuffled with

Patna High Court CR. MISC. No.16370 of 2024(5) dt.19-12-2024 2/2 informant's nephew and made firing on his house and threatened of dire consequences.

4. Learned counsel appearing for the petitioners submits that co-accused, with similar allegation, has already been allowed bail by this Court vide order passed in Cr.Mis.No. 20531/2024 Charge sheet has already been filed. Petitioner is in custody since 6.1.2024.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for regular bail of these petitioners is allowed. Let both the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II Vaishali at Hajipur in Industrial Area Police Station Case No. 203 of 2022.

(Prabhat Kumar Singh, J) Shashi U T