Patna High CourtCR. MISC./14938/2024bail granted

Kishundeo Rai v. The State Of Bihar

2024-03-11Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14938 of 2024 Arising Out of PS. Case No.-769 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Kishundeo Rai Son of Late Rameshwar Rai R/o Village- Bahuara Patti, P.S.- Marhowrrah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Morhowrah P.S. Case No. 769 of 2023 dated 10.12.2023, instituted for the offence punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code.

3. The allegation against the petitioner and other coaccused persons is that they assaulted the informant and his son by means of sword, iron rod and Daab.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner, rather the allegation is general and omnibus. Specific allegation is against the Shankar

Patna High Court CR. MISC. No.14938 of 2024(2) dt.11-03-2024 2/2 Rai and Sameer Kumar, who assaulted the informant and his son. It is submitted that there is previous enmity between the parties. There is case and counter case bearing Marhowrahh P.S. Case No. 761 of 2023 which has been lodged by the petitioner's side against the informant, prior to the present case. Lastly, it has been submitted that the petitioner is in custody since 31.12.2023 having one criminal case against him. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra in Morhowrah P.S. Case No. 769 of 2023.

(Khatim Reza, J) premchand/- U T