Mayank Raj @ Fakka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31864 of 2023 Arising Out of PS. Case No.-23 Year-2018 Thana- BARH District- Patna ====================================================== Mayank Raj @ Fakka S/O Madari Singh Resident Of Village- Bichali Malahi, P.S.-Barh, District-Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, co-accused Nikki Singh made firing upon the informant in his stomach. The petitioner was also present there.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is specific allegation against coaccused Nikki Singh who fired upon the informant. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has
Patna High Court CR. MISC. No.31864 of 2023(2) dt.20-07-2023 2/2 already been granted bail by a Bench of this Court vide order dated 19.01.2023 passed in Cr. Misc. No. 51564 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barh P.S. Case No. 23 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T