Bajrangi Rai @ Bajrangi Ram @ Rajendra Singh @ Azad Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10813 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Bajrangi Rai @ Bajrangi Ram @ Rajendra Singh @ Azad Kumar Son Of Dularchan Rai @ Dularchand Rai Resident Of Village- Loachanpur Daulatpur, Ps- Kako Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Praveen For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 323, 302, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, on the date of occurrence, petitioner along with other F.I.R. named accused persons and 3-4 unknown persons came and started disturbing the centering bamboo of the house of the informant causing collapse of the entire centering. When the same was informed to the Sarpanch, on the same day, accused persons came and assaulted the mother of the informant with iron rod due to which
Patna High Court CR. MISC. No.10813 of 2024(2) dt.22-02-2024 2/3 she succumbed to injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any specific overt act against the petitioner to assault upon the informant's mother rather the specific allegation of assault upon the head of the informant's mother with iron rod due to which she died is against co-accused Birendra Rai. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide order dated 18.01.2024 in Cr. Misc. No. 83557 of 2023. Moreover, the petitioner is languishing in judicial custody since 28.05.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Naubatpur P.S. Case No. 250 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.10813 of 2024(2) dt.22-02-2024 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Danapur, Patna.
(Sunil Kumar Panwar, J) Shubham/- U T