Raja Ram Rai @ Raja Ram Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19617 of 2024 Arising Out of PS. Case No.-457 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Raja Ram Rai @ Raja Ram Ray S/o Anup Rai R/o Vill - Balthi Rasoolpur (Rasupur), P.S. - Bochahan, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP For the Informant :

Mr. Shambhoo Kumar Suman, Adv.

Mr. Manish Kumar No.13, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State as also counsel for the Informant.

2. The petitioner seeks bail in connection with Bochahan P.S. Case No. 457 of 2023 instituted for the offences under Sections 147, 149, 341, 323, 325, 307, 447, 379, 504, 506 of the Indian Penal Code.

3. The accusation against the petitioner is that he along with other co-accused persons have assaulted the Informant by means of iron rod and lathi. It has been alleged that the petitioner has assaulted the Informant by iron rod on his head.

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

Patna High Court CR. MISC. No.19617 of 2024(2) dt.18-03-2024 2/3 against him and has falsely been implicated in the present case. There is a case and counter case. The petitioner and the Informant are agnate to each other. The allegation made against the petitioner is omnibus and general. There is an admitted land dispute between the parties. He further submits that five persons from the petitioner's side were also sustained injury. Nothing incriminating has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 11.01.2024.

5. Learned A.P.P. for the State and the Informant hve vehemently opposed the prayer for grant of bail to the petitioner submitting the there is specific allegation against the petitioner of assaulting the Informant by iron rod.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned

Patna High Court CR. MISC. No.19617 of 2024(2) dt.18-03-2024 3/3 Court in connection with Bochahan P.S. Case No. 457 of 2023. (Rudra Prakash Mishra, J) rishi/- U T