Prabhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30645 of 2019 Arising Out of PS. Case No.-320 Year-2016 Thana- NAUBATPUR District- Patna ====================================================== Prabhu Rai S/o Prem Chandra Rai R/o Village- Adala Tola, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 504, 307/34 of the Indian Penal Code and 27, 25(i-B)A, 26, 35 of the Arms Act.

The prosecution case in short is that the accused persons including the petitioner fired on the informant but anyhow he escaped. It is also alleged the accused persons assaulted the informant and his nephew, as a result of which, they sustained injuries.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-04-2019. The petitioner has been falsely implicated in the present case. There

Patna High Court CR. MISC. No.30645 of 2019(4) dt.20-06-2019 2/2 is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. One countrymade pistol and two empty cartridges were said to be recovered from joint house of the petitioner. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, 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, Danapur in connection with Naubatpur P.S. Case No. 320 of 2016.

(Sudhir Singh, J) A.K.V.//- U T