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Patna High CourtCR. MISC./15027/2024bail granted

Bhola Rayin @ Bhola Rayeen @ Navi Husain v. The State Of Bihar

2024-03-13Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15027 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Bhola Rayin @ Bhola Rayeen @ Navi Husain S/o- Pir Mohammad VillagePakwaliya Ps- Hussainganj Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Hussainganj P.S. Case No. 111 of 2023 dated 17.05.2023 registered for the offence punishable under Sections 341, 323, 307, 324/34 of the Indian Penal Code.

3. The prosecution case, in short, is that when the informant along with his co-villager Yogesh Kumar were going on motorcycle then the petitioner alongwith other co-accused persons pulled the informant from the motorcycle and assaulted him by means of farsa as a result he sustained head injury.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Both sides are co-villagers. Due to some dispute between both the parties, the petitioner has been made accused in this

Patna High Court CR. MISC. No.15027 of 2024(2) dt.13-03-2024 2/2 case. It is submitted that there is a specific allegation against the petitioner that he assaulted with farsa blow on the head of the informant, but injury report doesn't corroborate the allegation against the petitioner. The injury report shows the injury is caused by hard and blunt object and nature of injury is grievous. Lastly, it has been submitted that the petitioner is in custody since 25.11.2023, having no criminal antecedent and chargesheet has been submitted in the case.

5. Learned A.P.P for the State opposes 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 A.C.J.M.-IX, Siwan in connection with Hussainganj P.S. Case No. 111 of 2023. (Khatim Reza, J) prabhat/- U T