Patna High CourtCR. MISC./24137/2024bail granted

Bahira Rai @ Kabilesh Kumar Rai @ Kabilaksh Kumar Ray v. The State Of Bihar

2024-04-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24137 of 2024 Arising Out of PS. Case No.-760 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Bahira Rai @ Kabilesh Kumar Rai @ Kabilaksh Kumar Ray S/O Late Dindayal Ray R/O Village- Siswa, P.S- Madhaurah (O.P. Gaura), Distt.- Saran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Madhaurah P.S. Case No. 760 of 2023 instituted for the offences punishable under Sections 341, 324, 307, 447, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is of firing upon the informant and the other co-accused persons and also assaulted them by means of iron rod and stick.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He further submitted that the allegation against the petitioner is of firing upon the informant but no fire-arms injury was found on

Patna High Court CR. MISC. No.24137 of 2024(2) dt.08-04-2024 2/2 the person of the informant. There is no specific overt act of assaulting against the petitioner. Charge-sheet has been submitted in this case. The petitioner is in custody since 17.12.2023 and has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of injury as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhaurah P.S. Case No. 760 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T