Jito Rai @ Amarjeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60803 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== Jito Rai @ Amarjeet Rai Son of Late Raj Kumar Rai Resident of VillageChamtha Gope Tola, Panchayat-Chamtha-2, Police Station- Bachhwara, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bachhwara PS case no. 122 of 2019 instituted for the offences punishable under Sections 341, 323, 307, 504, 506/34 of Indian Penal Code and 27 of Arms Act.

The allegation is regarding the accused persons including the petitioner herein having arrived at the ancestral land of the informant and were trying to cut soil from the aforesaid land by use of tractor and J.C.B. machine and when the informant had tried to object, some accused persons had fired in the air and one of them had fired on the feet of the informant resulting in him sustaining firearm injury.

Patna High Court CR. MISC. No.60803 of 2019(4) dt.16-11-2019 2/2 The learned counsel for the petitioner submits that a bare perusal of the FIR would show that the co-accused persons had fired in the air and one other accused persons namely Lalit had fired on the feet of the informant resulting in the aforesaid injury, however there is no allegation of any specific overt act as against the petitioner herein and he has been falsely implicated in the present case on account of previous enmity. The petitioner is said to be languishing in custody since 02.07.2019.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara PS case no. 122 of 2019. (Mohit Kumar Shah, J) rinkee/- U T