Aman Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49321 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- NADI P.S. District- Patna ====================================================== AMAN RAJ Son of Satish Rai @ Bachcha Roy @ Satish Kumar Resident of Village-Jethuli, P.S.-Nadi, District-Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 342, 448, 302, 307, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, while the nephew of the informant was moving his four wheeler towards road from his house, he found the passage was obstructed. When he tried to clear the obstruction, accused persons reached there. The nephew of the informant ran away to his house where, the accused persons including the petitioner also reached and started indiscriminate firing as a result of which four persons of informant's side died.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.49321 of 2023(3) dt.11-10-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to political rivalry. From perusal of FIR, it is evident that there is any no specific allegation of firing or assaulting against the petitioner. General and omnibus allegation leveled against the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 21.2.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Nadi P.S. Case No. 76 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Dist & Sessions Judge-IV, Patna City. (Sunil Kumar Panwar, J) Amandeep/- U T