Patna High CourtCR. MISC./53372/2023bail granted

Bhukhan Rai @ Shashi Shekhar @ Shashi Shekhar Ray v. The State Of Bihar

2023-08-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53372 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== BHUKHAN RAI @ SHASHI SHEKHAR @ SHASHI SHEKHAR RAY S/O LATE SHITAL RAI R/O RAGHUNATHPUR, P.S- S.KAMAL, DISTT.- BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahebpur Kamal (S.Kamal) P.S. Case No. 321 of 2022 dated 24.11.2022 registered for the offences punishable u/s 147, 148, 149, 120B, 323, 307 and 324 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons were ploughing the field of the informant. On being objected, all the accused persons including this

Patna High Court CR. MISC. No.53372 of 2023(2) dt.25-08-2023 2/3 petitioner started abusing and firing. The co-accused, Bambam Rai fired on the sister-in-law of the informant due to which she sustained injury on her leg.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by this Court vide order dated 24.05.2023 passed in Cr. Misc. No. 28092 of 2023. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 24.11.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Sahebpur Kamal (S.Kamal) P.S. Case No. 321 of 2022.

Patna High Court CR. MISC. No.53372 of 2023(2) dt.25-08-2023 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T