Patna High CourtCR. MISC./63140/2023bail granted

Raj Kumar v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63140 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- SALAKHUA District- Saharsa ====================================================== Raj Kumar Son of Uday Kumar Yadav R/O Vill - Parasbanni, P.S. - Salkhua (Banma Itahari O.P.), Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Salkhua P.S. Case No. 117 of 2023 dated 24.04.2023 instituted for the offences under Sections 341, 323, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the Informant and his brother Mantu Sah after loading wheat on a Pick Up were going to Kanjari but, on the way, they missed the path and stopped the vehicle at Sahuriya bridge. In the meantime, two persons boarded on a motorcycle were

Patna High Court CR. MISC. No.63140 of 2023(2) dt.06-10-2023 2/3 coming whereupon his brother asked them about the right path on which they started to abuse his brother and hot exchange of words took place between them. In the meanwhile, one person took out a pistol and fired on his brother and fled away. The injured to taken to Surya Hospital, Saharsa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and his name has transpired in this case only on the basis of suspicion during investigation. The injury is simple in nature. The petitioner is in judicial custody since 15.05.2023. The petitioner has clean antecedent as has been stated in paragraph no.3 of the present bail petition.

5. Learned APP has vehemently opposed the bail petition of the petitioner.

6. Looking to the entire facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.63140 of 2023(2) dt.06-10-2023 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Saharsa in connection with Salkhua P.S. Case No. 117 of 2023.

7. The petition stands allowed.

(Chandra Prakash Singh, J) rishi/- U T