Sugar Rai @ Sagar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77142 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Sugar Rai @ Sagar Rai S/O Krishnakant Rai Village- Dihari, Ps. Rajpur, Dist. Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajpur P.S. case No. 194 of 2023 instituted for the offences under Sections 394 of the Indian Penal Code and 27 of the Arms Act.

3. Prosecution allegation, in short, as per FIR , is that four miscreants boarded on motorcycled tried to loot the informant on the point of pistol. On protest, they assaulted the informant and opened fired upon the informant which hit below the right elbow of the informant.

4. It has been submitted on behalf of the petitioner that the petitioner was remanded on this case on 23.06.2023 and has one criminal antecedent. The petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR not put on TIP. There is no eye witness to the alleged

Patna High Court CR. MISC. No.77142 of 2023(2) dt.06-12-2023 2/2 occurrence. Nothing has been recovered from the conscious possession of the petitioner. The named of this petitioner has been transpired on the basis of confessional statement of the coaccused, namely Shivam Pathak, in Rajpur P.S. Case No. 195 of 2023. Similarly situated co-accused person has already been granted bail by the co-ordinate Bench of this Court vide order dated 15.09.2023 passed in Cr. Misc. No. 60907 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajpur P.S. case No. 194 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T