Patna High CourtCR. MISC./60448/2023allowed

Anandi Rai v. The State Of Bihar

2023-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60448 of 2023 Arising Out of PS. Case No.-372 Year-2023 Thana- SONEPUR District- Saran ====================================================== ANANDI RAI S/O LATE RAM JATAN RAI R/O VILLAGEFAKARABAD, P.S- SONEPUR, DISTT.- SARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 307, 341, 323, 324, 504/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, petitioner and two others came at the door of informant's brother and started to abuse him. On protest by him, accused Mahesh Rai and Naresh Rai assaulted him by means of Hasua. On order of the petitioner, accused Naresh Rai opened fire which hit the informant's brother and he fell down unconsciously.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.60448 of 2023(3) dt.18-10-2023 2/2 previous enmity because of land dispute. Allegedly, petitioner is not the assailant rather he is only an order giver. There is case and counter case. General and omnibus allegation has been levelled against the petitioner. He is languishing in judicial custody since 21.5.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra in connection with Sonepur PS Case No. 372 of 2023.

(Sunil Kumar Panwar, J) sushma/- U