Rajesh Giri @ Rajesh Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58742 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== RAJESH GIRI @ RAJESH KUMAR GIRI S/O SRI DHARAMDEV GIRI R/O VILLAGE- VAINA, PS. NAWANAGAR, DIST. BUXAR, BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 307, 447, 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner is of firing upon the husband of the informant, due to which he sustained injury on his thigh and fell down. It is further alleged that when the informant's son went to rescue, the petitioner assaulted from the butt of the pistol causing fracture over his finger.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is a case and counter case between the parties. Members of both parties have sustained injury as
Patna High Court CR. MISC. No.58742 of 2023(2) dt.01-09-2023 2/2 alleged in a separate occurrence. From the perusal of the Supplementary injury report, it appears that the injury is simple in nature and the X-ray report does not show any bone fracture. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 25.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering 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 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 Court below in connection with Nawanagar P.S. Case No. 30 of 2023.
(Sunil Kumar Panwar, J) arish/- U