Arjun Ray @ Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30249 of 2023 Arising Out of PS. Case No.-324 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Arjun Ray @ Arjun Kumar Son Of Mahendra Ray Resident Of VillageBhagwanpur Ratti, Shajahanpur, Ps- Vaishali Distt- Vaishali At Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Chandra, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 324 of 2019 registered for the offence punishable under Sections 394 and 412 (added later on) of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, on 09.09.2019 at about 07:00 PM the informant along with his father were returning to their home after closing their jewellery shop but on the way altogether 5 miscreants surrounded them and fired at the informant and his father causing injuries on their legs and thereafter his jewelries worth Rs. 5 lacs and motorcycle were snatched.
Learned counsel for the petitioner submits that the F.I.R. has been registered against the unknown person and on the confessional statement of co-accused Chandan Kumar the
Patna High Court CR. MISC. No.30249 of 2023(2) dt.12-06-2023 2/2 petitioner has falsely been implicated in this case. No T.I.P. has been held for identification of the accused. No incriminating articles have been recovered from the possession of the petitioner. Other similarly situated co-accused persons, namely, Raj Kumar Bhagat, Chandan Kumar, Gaurav Kumar and Vikash Kumar have been granted bail by this Court vide order dated 18.11.2019, 11.12.2019 and 04.11.2020 in Cr. Misc No. 73358 of 2019, Cr. Misc. No. 81915 of 2019 and Cr. Misc. No. 18660 of 2020, respectively. Petitioner has two criminal antecedent in which he is on bail.
Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.
Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate-II, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 324 of 2019.
(Sunil Dutta Mishra, J) shweta/- U T