Raj Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20529 of 2023 Arising Out of PS. Case No.-1089 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Raj Kishore Rai S/O Late Shiv Mangal Rai Resident of Village- Gokhula, P.S.- Banjariya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Pandey For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner along with coaccused persons is that due to land dispute all accused persons assaulted the informant and his brother. It is further alleged that co-accused, namely, Saroj Rai fired upon the informant due to which he sustained left wrist injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land

Patna High Court CR. MISC. No.20529 of 2023(2) dt.11-05-2023 2/2 dispute. There is no specific allegation of firing attributed against the petitioner rather general and omnibus allegation attributed against him. The specific allegation of firing is against the co-accused person. It is further submitted that the petitioner is languishing in judicial custody since 07.01.2023. Learned APP appearing for the state and learned counsel for the informant have vehemently 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 Turkauliya Banjariya P.S. Case No. 1089 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, East Champaran, Motihari.

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