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Patna High CourtCR. MISC./11986/2023bail granted

Badri Rai @ Sanjeet Kumar v. The State Of Bihar

2023-05-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11986 of 2023 Arising Out of PS. Case No.-858 Year-2022 Thana- BIHTA District- Patna ====================================================== 1.

Badri Rai @ Sanjeet Kumar Son of Awadhesh Rai @ Chhotan Rai R/vMilkipur, P.S.- Neura O.P., Bihta, District- Patna 2.

Pawan Kumar Son of Awadhesh Rai @ Chhotan Rai R/v- Milkipur, P.S.- Neura O.P., Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners seek regular bail in connection with Bihta P.S. Case No. 858 of 2022 registered for the offences punishable under Sections 341, 323, 325, 307, 302, 504, 147, 148 and 149 of the Indian Penal Code.

As per the prosecution case, due to land dispute the petitioners alongwith other 7 accused persons assaulted the informant and his father due to which the father of the informant died during treatment.

Learned counsel for the petitioner submits that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to land dispute. There is case and counter case for the same occurrence lodged by both parties against each other. There is

Patna High Court CR. MISC. No.11986 of 2023(2) dt.15-05-2023 2/2 specific allegation against co-accused Ranjit Rai that he had given sword blow on the head of the father of the informant who died due to said assault. The petitioners are in custody since 17.09.2022 and 01.09.2022 respectively. He further submits that co-accused, namely, Raju Rai and Ranjan Rai have been granted bail by learned Court below and another co-accused, namely, Manish Rai @ Manish Kumar has been granted bail by a co-ordinate Bench of this court vide order dated 10.05.2023 passed in Cr. Misc. No. 16536 of 2023. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioners. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Danapur, Patna in connection with Bihta P.S. Case No. 858 of 2022.

(Sunil Dutta Mishra, J) Shweta/- U T