Styendra Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16613 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Styendra Kumar Srivastava, Male aged about 25 years, Son Of Bipin Prasad @ Bipin Prasad Srivastava, Resident of Village - Mill Bahuari, P.S. - Ram Nagar, Distt. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP For the Informant :

Mr. Anant Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

2. The petitioner seeks bail in connection with Sessions Trial No. 12 of 2023, arising out of Ramnagar P.S. Case No. 422 of 2022 dated 27.08.2022, instituted for the offences punishable under Sections 477, 448, 356, 307/34 of the Indian Penal Code and Section 25(1-b)/26 and 27 of the Arms Act.

3. F.I.R. has been lodged against one Raju Khan only. It is alleged that Raju Khan went at the house of the informant and fired with his pistol pointing on his head. The informant tried to save himself but bullet hit on his chick and he sustained

Patna High Court CR. MISC. No.16613 of 2023(2) dt.16-05-2023 2/3 injury. It is also alleged that 2-3 persons were standing outside the house of the informant and they ordered Raju Khan to fire another bullet on the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is further submitted that petitioner is not named in the F.I.R. and he has been made accused only on the basis of confessional statement of Raju Khan. It is further submitted that another accused, namely, Ravindra Sharma has been granted bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 16620 of 2023. Lastly, it has been submitted that the petitioner is in custody since 01.10.2022 having criminal antecedent of one case and charge-sheet has been submitted in the case.

5. Learned A.P.P. as well as learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner. Learned counsel for the informant admits that one of the co-accused has been granted bail by a co-ordinate Bench of this Court.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of

Patna High Court CR. MISC. No.16613 of 2023(2) dt.16-05-2023 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Bagaha, West Champaran in connection with Sessions Trial No. 12 of 2023, arising out of Ramnagar P.S. Case No. 422 of 2022.

(Khatim Reza, J) annpurna/- U T