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Patna High CourtCR. MISC./65144/2023allowed

Rahul Kumar @ Rahul Ray v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65144 of 2023 Arising Out of PS. Case No.-411 Year-2022 Thana- MOKAMAH District- Patna ====================================================== RAHUL KUMAR @ RAHUL RAY S/o- LATE LAL BAHADUR RAY Village- Nayatola Mekra W.No-7., Ps- Mokama Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 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, 307, 506 and 504 of the IPC and Section 27 of the Arms Act.

3. The allegation against the petitioner along with another is of firing upon the informant but the informant narrowly escaped, thereafter the accused persons fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. No one has sustained gun shot injury by firing. Good sense has been prevailed between both the parties. On the basis of suspicion, petitioner has been implicated in the present case. No incriminating article has been recovered from

Patna High Court CR. MISC. No.65144 of 2023(2) dt.12-10-2023 2/2 the conscious possession of the petitioner. He is languishing in judicial custody since 15.05.2023.

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 Additional Chief Judicial MagistrateIII, Barh, Patna in connection with Mokamah P.S. Case No. 411 of 2022.

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