Akhilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15066 of 2023 Arising Out of PS. Case No.-344 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== Akhilesh Rai Son Of Raj Kishore Rai @ Kishore Rai R/O VillageManikachak, P.S.- Dariyapur, District- Saran At Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 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, 506/34 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, the informant alleged the accused persons including the petitioner came at his house and started assaulting them due to which he sustained injury. Further, this petitioner opened fire which hit near eye of the granddaughter of one Bharosa Rai. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both

Patna High Court CR. MISC. No.15066 of 2023(3) dt.23-06-2023 2/2 parties are co-villagers and a dispute in respect of land is going on between the them as a result of which the petitioner has falsely been implicated in this case. This present case is counter case of Dariyapur P.S. case No. 343 of 2021 which has been lodged by father of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 3.12.2022. 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 Dariyapur P.S. Case No. 344 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 13th, Saran at Chhapra.

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