Arjun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17108 of 2023 Arising Out of PS. Case No.-17 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== ARJUN RAI SON OF SHEOJI RAI RESIDENT OF VILLAGE - RADATAHI, PS SAHPUR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 25(1-b)a/26/35/27 of the Arms Act. It is a case of commission of murder to the informant's son, namely, Angad by gunshot injury by 4-5 un-known miscreants.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. Petitioner is not named in the FIR. During investigation, no consistent material has come against the petitioner to show his

Patna High Court CR. MISC. No.17108 of 2023(3) dt.17-07-2023 2/2 involvement in the present case. One live cartridge was recovered from pant pocket of the deceased. During investigation, co-accused Golu was arrested and he disclosed the name of the petitioner. Co-accused Golu Tiwari has already granted anticipatory bail by order dated 11.4.2023 passed in Cr. Misc. No. 68614 of 2022 by different co-ordinate Bench of this Court. Petitioner is languishing in judicial custody since 3.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Sahpur (Karnampur OP)PS Case No. 17 of 2020.

(Sunil Kumar Panwar, J) sushma/- U