Rajesh Kumar @ Rajesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3972 of 2024 Arising Out of PS. Case No.-204 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Rajesh Kumar @ Rajesh Kumar Rai S/O Shivjee Ray @ Shivjee Rai VillageChaksikandar, Ps. Tajpur, Dist. Samastipur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code. Allegation against the petitioner and other coaccused persons is that they assaulted the informant and others by means of lathi, danda due to which informant and others sustained injuries and one Baidnath Rai succumbed to injuries, during the course of treatment. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.3972 of 2024(2) dt.06-02-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties. Both parties are agnates and in the background of land dispute, present occurrence took place. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. Similarly situated co-accused persons have been granted bail vide order dated 23.03.2023, passed in Cr. Misc. No. 53706 of 2022 by the co-ordinate Bench of this Court. Moreover, the petitioner is languishing in judicial custody since 15.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.3972 of 2024(2) dt.06-02-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Tajpur P.S. Case No. 204 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Samastipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T