Abhishek Kr @ Abhishek Ray @ Budha Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31278 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== Abhishek Kr @ Abhishek Ray @ Budha Ray Son of Shiv Pujan Ray Resident of Village- Bahoranpur, Ps- Shahpur, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Purushotam Sharma, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Shahpur (Baboranpur O.P.) P.S. Case No. 104 of 2022 registered for the offence under Sections 147, 148, 149, 323, 504, 506 and 307 of the Indian Penal Code and 27 of Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 22.03.2023.

The allegation against this petitioner is to open fire upon informant/injured during the course of occurrence, which has been taken place out of previous enmities. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.31278 of 2023(2) dt.27-06-2023 2/3 submitted that the occurrence was free fight in nature, where both parties received injuries and for same set of occurrence, a complaint case was registered by petitioner's side as Complaint Case No. 408(C)/22. It is submitted that nothing appears from the narration of F.I.R. that alleged firing was made intentionally and that is also appearing convincing, as same was alleged to hit on the lower leg, which is non-vital part of the body. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the fact as alleged firing was not intentional to cause death of injured/informant, where occurrence is free fight in nature, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 22.03.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Shahpur (Baboranpur O.P.) P.S. Case No. 104 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.31278 of 2023(2) dt.27-06-2023 3/3 learned Additional Chief Judicial Magistrate Ara at Bhojpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T