Lal Mohan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14613 of 2024 Arising Out of PS. Case No.-1416 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Lal Mohan Ray Son of Late Sathu Rai Resident of village- Basauli Bisunpur narayan, P.s.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Informant :
Mr. Shashank Shekhar, Advocate :
Mr. Vivek Kumar Sinha, Advocate For the State :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Ahiyapur P.S. case No. 1416 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 354B, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, when the informant was returning after reaping paddy from her field, the petitioner intercepted her on the way and asked her to return the amount (Rs. 2,000/-) which she had taken from the petitioner as loan. When the informant showed inability to return the said amount,
Patna High Court CR. MISC. No.14613 of 2024(2) dt.11-03-2024 2/3 the petitioner along with other accused persons tied her up and assaulted her. It is further alleged that co-accused Bibhash Kumar assaulted the informant with knife with intention to kill her.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific accusation of assault with knife is attributed to one Bibhash Kumar. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.10.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent, no specific allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.14613 of 2024(2) dt.11-03-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. case No. 1416 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T