Shyam Babu Rai @ Pyari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27944 of 2021 Arising Out of PS. Case No.-44 Year-2018 Thana- TARAIYA District- Saran ====================================================== SHYAM BABU RAI @ PYARI RAI S/O BHAGALU RAI R/o villageRajdhani, P.S.- Taraiya, District- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Taraiya P.S. Case no. 44 of 2018 dated 16.2.2018 registered for the offence punishable under sections 341, 323, 307, 326(a), 337, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 15.02.2021 and is person with clean antecedent and charge sheet has been submitted. Learned counsel further submits that the informant in the FIR alleges that Shyam Babu Rai @ Pyari Rai (petitioner) refused to give milk on demand and thereafter with an intent to kill he threw acid on the informant which was kept for measuring fat of the milk and on account of throwing acid informant got injured. Learned

Patna High Court CR. MISC. No.27944 of 2021(3) dt.07-12-2021 2/3 counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that it was the informant who had gone to purchase milk and it is alleged that on refusal by the petitioner to give milk occurrence took place. Learned counsel submits that it absolutely does not stand to reason that if petitioner was selling milk why he refused his customer and not gave milk to the informant on demand, learned counsel further submits that this petitioner has also instituted Taraiya P.S. Case no. 43 of 2018 dated 16.2.2018 registered under sections 147, 323, 324, 379, 448, 427, 354, 504 and 506 of the Indian Penal Code against the present informant and his brother.

Patna High Court CR. MISC. No.27944 of 2021(3) dt.07-12-2021 3/3 right thumb and also looted amount from the house of this petitioner. Learned counsel then submits that from analysing the allegation as alleged in both the FIRs, it would manifest that occurrence did take place but it was not intentional rather when petitioner saw that Parma Rai who had come to save him was assaulted in a brutal manner, thus, in fit of anger he threw the acid which he had kept for measuring fat of the milk. Learned counsel submits that case will fall under section 338 IPC and not under sections 336, 307 along with other minor sections of the Indian Penal Code.

Learned APP opposes the prayer for bail.

Considering the submissions of learned counsel for the petitioner and that petitioner is person with clean antecedent also that occurrence took place in a fit of anger, the petitioner is directed to 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 the Addl. Chief Judicial Magistrate I, Saran at Chapra in Taraiya P.S. Case no. 44 of 2018. (Satyavrat Verma, J) s.hassan/- U T