Patna High CourtCR. MISC./72450/2023allowed

Puran Rai v. The State Of Bihar

2024-01-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72450 of 2023 Arising Out of PS. Case No.-348 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== PURAN RAI S/o Ramswrup Rai R/o village- Dobar Kothi, P.S.- Rajapakar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 379/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, while the informant was going to Chaksikander Station to catch a train for Patna, four accused persons including the petitioner and 2-3 unknown persons caught him and took him behind the station and tried to snatch his belongings. On objection being raised by the informant, petitioner, took out pistol and fired upon the informant which hit his elbow as a result of which he become unconscious.

Patna High Court CR. MISC. No.72450 of 2023(3) dt.03-01-2024 2/2

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Allegedly petitioner has opened fire but the same same has passed on touching the elbow of the informant as a result of which he has received lacerated injury and the same is not a vital part. Petitioner is languishing in judicial custody since 26.7.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. 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 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 Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 348 of 2023.

(Sunil Kumar Panwar, J) sushma/- U