Sakaldeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15742 of 2019 Arising Out of PS. Case No.-110 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Sakaldeo Rai, Son of Late Sukai Rai, Resident of Village- Jogaulia, Bhagwanpur, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.12.2018 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.

The prosecution case as per the written report of Manoj Singh submitted to the Station House Officer of Madhuban Police Station is to the effect that on 18.06.2018 at 8.00 A.M., one Ranjeet Rai was arrested in connection with Madhuban P.S. Case No. 43 of 2018 and in retaliation of his arrest, all FIR named accused persons including the petitioner came variously armed and on the order of co-accused Jai Narayan Rai, co-accused Brij Kishore Rai assaulted the wife of the informant, Rani Devi with Farsa on the head causing cut

Patna High Court CR. MISC. No.15742 of 2019(2) dt.14-03-2019 2/2 injury, the brother of the informant, Sanjay Singh was assaulted with lathi by the petitioner, Sakaldeo Rai when other brother of the informant, Vijay Singh came to rescue then he was also assaulted by the accused persons. It is further alleged that the accused persons also took away Rs.60,000/- and jewellery worth Rs.1,00,000/-.

It is submitted by learned counsel for the petitioner that though the injury caused by the petitioner has been found grievous but there is no accusation of repeating the blow. It is further submitted that the investigation has already been concluded and petitioner is accused in one another case. Learned APP submits that the accusation is specific against the petitioner.

Considering the fact that the investigation has already been concluded and there is no accusation of repeating the blow, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th, Motihari, East Champaran in connection with Madhuban P.S. Case No. 110 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T