Lakhindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12631 of 2023 Arising Out of PS. Case No.-449 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Lakhindra Rai S/o Late Bachu Rai, R/o Village- Belaghat, P.S.- Chiraiya, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No. 2, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chiraiya P.S. Case No. 449 of 2022 dated 21.10.2022 lodged under Sections 341, 323, 324, 307, 379, 447, 448 and 427/34 of the I.P.C.

As per the prosecution, the present F.I.R. has been lodged against 18 known and 10 unknown accused persons. In the F.I.R. the specific allegation against the present petitioner to assault Naresh Rai on his head by which he became injured. Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 10.11.2022. Counsel further submits that there is one case filed by Subodh Rai which is Annexure-2 dated 11.10.2022 and

Patna High Court CR. MISC. No.12631 of 2023(4) dt.06-06-2023 2/2 subsequently due to earlier F.I.R., the present occurrence has also caused due to which the present F.I.R. has been lodged on 21.10.2022. Case diary ha been called for but from the case diary it transpires that the injury report of Naresh Rai has not placed. It is a case in which the grave section is 307 of I.P.C. in which the petitioner is in custody for about more than 6 months. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 449 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T