Deep Nandan Rai @ Dipnandan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.735 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- Kartaha District- Vaishali ====================================================== Deep Nandan Rai @ Dipnandan Ray, son of Late Jhari Rai, Resident of Village - Gurmia Purvi, Police Station - Kartaha, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshuman Pandey For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Kartaha Police Station Case No. 100 of 2019, registered for the offences punishable under Sections 147/148/149/341/323/ 337/338/324/326/307/504/506 of the Indian Penal Code. The allegation against the petitioner is that he, along with other co-accused persons, assaulted the informant and there is specific allegation against the petitioner that he inflicted farsa blow on the shoulder and neck of the informant. Learned Counsel for the petitioner submits that both the parties are agnates and there is land dispute between the

Patna High Court CR. MISC. No.735 of 2020 (3) dt.27-05-2020 2/3 parties. He further submits that there is case and counter case between the parties inasmuch as co-accused Ravindra Ram has lodged Kartaha Police Station Case No. 101 of 2019 against the informant and others for the incident, which has taken place on the same date and time. He, referring to Annexure-3, submits that from perusal of the injury report, it would be evident that the injuries sustained by the informant have been found to be simple in nature, caused by hard and blunt substance; whereas the allegation against the petitioner is that he assaulted the informant by means of farsa, a sharp-cutting weapon. He further submits that the petitioner is in judicial custody since 22.10.2019.

After having heard learned Counsel for the parties and taking into consideration the fact that both the parties are agnates, there is case and counter case and the injuries sustained by the informant have been found to be simple in nature, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Vaishali, at Hajipur, in connection with Kartaha

Patna High Court CR. MISC. No.735 of 2020 (3) dt.27-05-2020 3/3 Police Station Case No. 100 of 2019.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √