Mokhtar Rai @ Mokhtar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46663 of 2024 Arising Out of PS. Case No.-131 Year-2021 Thana- PIPRA District- East Champaran ====================================================== Mokhtar Rai @ Mokhtar Ray Son of Late Jagan Rai Resident of VillBherikhiya, P.S.- Pipra, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar , Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for the offence under Sections 341 , 323 , 324, 307, 325 , 427, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3 . As per the prosecution case , on the alleged date and time of occurrence , this petitioner along with other coaccused persons came at the house of informant and started abusing informant and his family members and on protest by the informant's side , all the accused persons assaulted informant and his father causing injury to them. It is further alleged that accused persons opened fire at the place of occurrence and threatened the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.46663 of 2024(2) dt.31-08-2024 2/2 specific accusation of assault is against other co-accused persons. Petitioner is only alleged to have opened fire but no one sustained any fire arm injury . Petitioner claims clean antecedent. Chargesheet has already been submitted. He is in custody since 11.04.2024 .
5 . Learned A.P.P. for the State has opposed the bail petition .
6. Considering the clean antecedent of petitioner, period of custody and other circumstances of case , the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM East Champaran Motihari in connection with Pipra Case No. 131 of 2021 . (Prabhat Kumar Singh, J) Koushik/- U T