Ajay Rai @ Ajay Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17249 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Ajay Rai @ Ajay Kumar Ray son of Late Binda Rai Village- GopalpurPsNaubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 323, 302, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with other FIR named accused persons started disturbing the centering bamboo of the house of the informant causing collapse of the entire centering. When he same was informed to Sarpanch, on the same day, the accused persons came and assaulted the mother of the informant with iron rode due to which she succumbed to inquiry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.17249 of 2024(2) dt.14-03-2024 2/2 falsely been implicated in this case. From perusal of FIR, it appears the specific allegation of assault upon the head of the informant's mother is against co-accused Birendra Rai. No specific allegation against this petitioner rather general and omnibus allegation leveled against him. Similarly situated coaccused Bajrangi Rai has already been granted bail by this Court vide order dt. 22.2.2024 passed in Cr. Misc. No. 10813 of 2024. The petitioner has got no criminal antecedent and languishing in judicial custody since 17.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Naubatpur P.S. Case No. 250 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Danapur, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T