← Library
Patna High CourtCR. MISC./42198/2023allowed

Rahul Jha @ Rahul Kumar v. The State Of Bihar

2023-08-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42198 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Rahul Jha @ Rahul Kumar S/O Sanjay Jha R/O Village- Mathurapur, Ward No. 09 Ps. Khagaria, Dist. Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bharat Bhushan Vidyapati, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP For the Informant :

Mr. Rohit Raj with Mr. Sumit Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 326, 427, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the informant, due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is a land dispute between the parties. As per injury report of the informant, it appears that the

Patna High Court CR. MISC. No.42198 of 2023(3) dt.21-08-2023 2/2 injury is simple in nature caused by hard and blunt substance. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 01.08.2023 passed in Cr. Misc. No. 39186 of 2023. He is languishing in judicial custody since 19.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Khagaria P.S. Case No. 211 of 2023.

(Sunil Kumar Panwar, J) arish/- U T