Raj Kishore @Raj Kishore Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65702 of 2022 Arising Out of PS. Case No.-233 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== RAJ KISHORE @RAJ KISHORE KUMAR S/o Milan Sarkar @ Krishna Roy R/v- Daniyalpur, Pokharpur, Ward No. 5, P.S.- Teghra, DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in brief, is that when the informant was going to meet his friend at Nawab Ganj Chowk from his residence, in the meantime, this petitioner and one Golu Kumar made four round of firing with pistol upon him and he escaped narrowly, thereafter, the present case was instituted. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case. From perusal of the FIR, it
Patna High Court CR. MISC. No.65702 of 2022(2) dt.25-02-2023 2/2 is evident that the date of occurrence is 14.8.2022, but the case has been lodged in delay of three days on dated 18.9.2022 which shows malice intention of the informant against the petitioner. It is further submitted that the informant has not sustained injury in this alleged offence and there is no any consistent evidence has come against the petitioner. Moreover, the petitioner is languishing in judicial custody since 18.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
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 released on bail in connection with Teghra P.S. Case No. 233 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.
(Sunil Kumar Panwar, J) Amandeep/- U T