Raj Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28567 of 2020 Arising Out of PS. Case No.-116 Year-2020 Thana- MANSI District- Khagaria ====================================================== RAJ KUMAR @ RAJA S/o Shyam Yadav Resident of Village-Ravisanai Diyara, Police Station-Harigmarg, District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Mansi Police Station Case No. 116 of 2020, registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, as per the First Information Report, is that the petitioner, along with 5 other co-accused persons, riding on two motorcycles, accosted the informant and one co-accused Bilash Yadav fired upon him, due to which he sustained injury in his thigh and other co-accused Bhutti Yadav also fired on the informant, but the bullet did not hit the informant.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.28567 of 2020(2) dt.23-11-2020 2/2 and he has falsely been implicated in this case due to village politics. He further submits that only one gun-shot injury was found on the informant, which was attributed to co-accused Bilash Yadav and there is no allegation of firing upon the petitioner. He further submits that the petitioner is in custody since 18.04.2020, having no criminal antecedent. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 18.04.2020, having no criminal antecedent, I am inclined to grant bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria, in connection with Mansi Police Station Case No. 116 of 2020. It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √