Rajesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8284 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- PALANWA District- East Champaran ====================================================== Rajesh Das Son Of Late Satynarayan Das Resident Of Village - Jaitpur, P.S.- Palanwa, District - East Champaran At Motihari. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 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 341, 323, 324, 354(B), 307, 379, 504/34 of the Indian Penal Code. As per the allegation in F.I.R., petitioner abused the wife of informant and when she objected, petitioner assaulted her by means of fist, leg and slap. It is further alleged that when the informant along with his wife went to the house of petitioner to talk about the aforesaid occurrence, petitioner along with other co-accused

Patna High Court CR. MISC. No.8284 of 2023(2) dt.13-04-2023 2/3 persons assaulted the informant and his wife due to which informant's wife sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation levelled against the petitioner and there is no repetition of blow. Moreover, the petitioner is languishing in judicial custody since 08.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused person has been granted bail vide order dated 06.04.2023, passed in Cr. Misc. No. 73736 of 2022 by the co-ordinate Bench of this Court.

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,

Patna High Court CR. MISC. No.8284 of 2023(2) dt.13-04-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Palanwa P.S. Case No. 171 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 S.D.J.M., Raxaul, Motihari, East Champaran.

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