Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76360 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== Sanjay Rai Spn of Kailash Rai Resident of village -Raghopur East, PSJurawanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 341, 323, 354, 379, 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner had an ill eye over the informant, and he attempted to tease the informant. It is further alleged that this petitioner, on the gunpoint, tried to take the informant to an isolated place, on which she raised alarm, and the petitioner fled away. It is also alleged that the petitioner fired at the informant which hit on her left thigh.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the FIR has been lodged after an inordinate delay of eleven days and there is no plausible explanation for the same which itself

Patna High Court CR. MISC. No.76360 of 2024(2) dt.25-11-2024 2/2 creates doubt over the veracity of the prosecution case. From perusal of the injury report, it is clear that the informant has received one injury and that injury according to the doctor caused by sharp pointed object. The nature of injury is simple. The injury report does not correlate with the allegations as made in the FIR.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 165 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Ashok Kumar Pandey, J) utkarsh/- U T