← Library
Patna High CourtCR. MISC./32006/2023allowed

Kattar Rai v. The State Of Bihar

2023-07-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32006 of 2023 Arising Out of PS. Case No.-1505 Year-2022 Thana- DANAPUR District- Patna ====================================================== 1.

Kattar Rai S/O- Late Gulab Rai Village- Chaudharana Road, Danapur PsDanapur Dist- Patna 2.

Mukesh Kumar Son Of Sarwa Nand Singh Village- Chaudharana Road, Danapur Ps- Danapur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kripa Nand Jha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 324, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, co-accused Veer Bahadur and Sikandar at the behest of the petitioner Kattar Rai fired bullet from their katta which hit him near his left hand shoulder.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. There is specific allegation against co-accused

Patna High Court CR. MISC. No.32006 of 2023(2) dt.20-07-2023 2/2 Veer Bahadur who fired upon the informant. He submits that there is case and counter case between the parties and both side have sustained injury. He further submits that petitioners have 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 petitioners in the event of their 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) each 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 Danapur P.S. Case No. 1505 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T