Upendra Ray @ Pauta Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15134 of 2023 Arising Out of PS. Case No.-296 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Upendra Ray @ Pauta Ray S/O Late Mahendra Ray R/V- Singhara Tanda, P.S.- Mahua, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 448, 323, 324, 307, 354B, 380, 427, 302, 504 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they assaulted the husband and devar of the informant due to which her devar succumbed to injury. It is further alleged that accused persons also attempted outrage of modesty to the informant and looted and damaged her household articles.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15134 of 2023(3) dt.16-05-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. There is no specific allegation of assaulting attributed against the petitioner rather general and omnibus allegation attributed against him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 16.11.2022.

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

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 Mahua P.S. Case No. 296 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

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