Shiv Shankar Roy @ Chunnu @ Shivshankar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 40994 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- DELHA District- Gaya ====================================================== SHIV SHANKAR ROY @ CHUNNU @ SHIVSHANKAR RAY Son of Late Sita Ram Yadav Resident of village-Badaki, Delha Kalyanpur, P.S.-Delha, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and the learned APP.
2 The petitioner has preferred this application for grant of regular bail in connection with Delha PS Case No 84 of 2023 dated 27.02.2023 registered for the offence punishable under Sections 307/34 of the IPC and Section 27 of the Arms Act.
3 As per the prosecution case, the petitioner and the other co-accused persons intercepted the informant's motorcycle and the co-accused Lacho Devi exhorted to kill, the co-accused Monu Bhagat fired which hit the chest of the informant. 4 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.40994 of 2023(2) dt.19-07-2023 2/2 case. The petitioner has one antecedent, as stated in paragraph 3 of the bail petition in which he is on bail. It is further submitted that there is general and omnibus allegation against the petitioner. The specific allegation of firing is against the coaccused Monu Bhagat. The petitioner is in custody in this case since 28.02.2023.
5 Learned APP has vehemently opposed the bail petition of the petitioner.
6 Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Gaya in Delha PS Case No 84 of 2023 dated 27.02.2023. 7 This application stands allowed.
(Chandra Prakash Singh, J) M.E.H./- U T