← Library
Patna High CourtCR. MISC./54173/2023allowed

Nand Kishor Ray @ Nand Kishore @ Nanhak Rai v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54173 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Nand Kishor Ray @ Nand Kishore @ Nanhak Rai S/O Gaya Rai R/O VillageKanchanpur, Ps. Bidupur, Dist. Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. The allegation against the petitioner and other co-accused persons is that they assaulted the informant due to which he sustained injuries. Specific allegation against the petitioner is that he fired upon the informant due to which he sustained firearm injury on

Patna High Court CR. MISC. No.54173 of 2023(4) dt.08-11-2023 2/3 his left hand.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties. There is no repetition of firing levelled against the petitioner. Good sense have been prevailed between the parties and a joint compromise petition has been filed in this regard. It is further submitted that no injury report is available on record till date. Moreover, the petitioner is languishing in judicial custody since 08.02.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration 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 in connection with Raghopur (Rustampur O.P.) P.S.

Patna High Court CR. MISC. No.54173 of 2023(4) dt.08-11-2023 3/3 Case No. 67 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur.

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