Radhey @ Radhey Kumar @ Radhey Shyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27445 of 2023 Arising Out of PS. Case No.-131 Year-2021 Thana- PIPRA District- East Champaran ====================================================== Radhey @ Radhey Kumar @ Radhey Shyam Son Of Swaroop Sahani Resident Of Village - Pipra, P.S.- Pipra, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pipra P.S. Case No. 131 of 2021 registered on 28.04.2021 lodged under Sections 341, 323, 324, 307, 325, 427, 504, 506, 34 of the I.P.C. and Section 27 of the Arms Act. As per the prosecution case, F.I.R. has been lodged against five accused persons including the petitioner. Allegation of threatening and assaulting on the hand of the informant's father are there against the co-accused persons. Learned counsel for the petitioner submits that from the content of the F.I.R. it transpires that the allegation of threatening and air firing are there against three accused persons including the petitioner, whereas, allegation of assaulting is

Patna High Court CR. MISC. No.27445 of 2023(2) dt.06-06-2023 2/2 against two other accused persons.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 13.02.2023 having six criminal cases pending against him, in which he is on bail in all the cases.

Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and that may be taken into consideration.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge. Trial Court is directed to release the petitioner on bail afterthat, imposing its own conditions, so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) Ashishsingh/- U T