Bidhan Rai @ Vidhan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9096 of 2024 Arising Out of PS. Case No.-234 Year-2022 Thana- PARSA District- Saran ====================================================== Bidhan Rai @ Vidhan Rai, S/o Pardeshi Rai, R/o Village- Kuaribir, P.S.- Parsa, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2024
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.15 of 2024, arising out of Parsa P.S. Case no. 234 of 2022 registered under sections 307, 341, 323, 325, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.
3. The earlier application for bail of the petitioner was rejected vide order dated 20.12.2023 (Annexure-1) passed in Cr. Misc. no. 68902 of 2023.
4. As per the prosecution case, the six name accused persons came variously armed with lathi, iron rod etc. It is stated that Abhay Kumar @ Guddu was armed with country made pistol. On his orders, the accused persons caught hold of the informant. They entered into the informant's house and the
Patna High Court CR. MISC. No.9096 of 2024(2) dt.09-02-2024 2/3 petitioner started to assault the grandmother of the informant with an iron rod causing injuries below her waist resulting in fracture of her bones. Other accused persons also assaulted her brutally.
5. It is submitted by learned counsel appearing for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 20.12.2023 giving liberty to the petitioner to renew his prayer for bail on charge being framed in the learned trial Court. Charge has been framed against the petitioner on 9.1.2024, which would be evident from the order dated 9.1.2024 passed in Sessions Trial no.15 of 2024 by the learned Court below and which has been brought on record as Annexure-6 to the petition. The petitioner is in custody since 22.7.2023 and undertakes to cooperate in the trial.
6. The application for bail is opposed by learned APP for the State.
7. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, liberty granted to the petitioner in the earlier order of rejection dated 20.12.2023, charge having been framed in the learned trial Court on 9.1.2024 and the petitioner having remained in custody since 22.7.2023, the petitioner is
Patna High Court CR. MISC. No.9096 of 2024(2) dt.09-02-2024 3/3 directed to be enlarged on bail in connection with Sessions Trial no.15 of 2024 (arising out of Parsa P. S. Case no.234 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 Additional Sessions Judge-VII, Saran at Chapra. (Partha Sarthy, J) avinash/- U T