Lalan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16434 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Lalan Ray S/o Late Hardev Ray Resident of Village-Ganga Dharampur, P.S.- Tariyani Chhapra, District-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur, Advocate.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner, the State and the learned counsel for the informant.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Tariyani Chhapara P.S. Case no.98/2021 instituted under Sections 341, 323, 324, 448, 307, 504, 506, 379/34 of the Indian Penal Code.

The allegation against the accused persons including the petitioner herein is of assaulting the informant and his family member. So far as this petitioner is concerned, it has been alleged that he used iron rod to hit the informant on his head and neck.

Patna High Court CR. MISC. No.16434 of 2022(2) dt.14-07-2022 2/3 Learned counsel for the petitioner has taken this Court to the Medical Report attached with the bail application issued by the Shri Krishna Medical College & Hospital, Muzaffarpur and as per the report the injuries have been shown to be simple in nature. Learned counsel for the petitioner further submits that some of the co-accused persons have been released on bail by co-ordinate Bench of this Court vide order dated 12.04.2022 passed in Cr. Misc. No.2989 of 2022 (Gayatri Devi & Ors. vs. The State of Bihar).

Learned counsel for the informant has not disputed the injury report submitted by the learned counsel for the petitioner, which forms part of the bail application. Taking into account the aforesaid fact, let the petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each in connection with Tariyani Chhapara P.S. Case no.98/2021 to the satisfaction of learned Chief Judicial Magistrate, Sheohar , subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.16434 of 2022(2) dt.14-07-2022 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T