Raj Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52242 of 2021 Arising Out of PS. Case No.-104 Year-2016 Thana- CHHATAUNI District- East Champaran ====================================================== RAJ KUMAR MAHATO Son of jayi Mahto Resident of Village - Singhiya Hiwan, P.S.- Banjaria, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Chhatauni P.S. Case No. 104/2016 registered for the offences punishable under Sections 307, 120-B/34 of the Indian Penal Code 1860 read with Section 27 of the Arms Act. The allegation, as per the First Information Report, is that the petitioner along with co-accused Ravi Prakash fired upon the wife of the informant, due to which, she sustained firearm injury on her thigh.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous enmity. He further submits that from perusal of Annexure-2 it would be evident that the injury sustained by the

Patna High Court CR. MISC. No.52242 of 2021(3) dt.12-05-2022 2/2 victim is simple in nature caused by firearm. He next submits that similarly situated co-accused person namely, Ravi Prakash has been granted anticipatory bail by this Court in Cr. Misc. 34937 of 2016. Petitioner is in custody since 13.6.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the injury sustained by the victim is simple in nature and similarly situated co-accused person has been granted anticipatory bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Chhatauni P.S. Case No. 104/2016.

(Anil Kumar Sinha, J) S.Ali/- U T