Lalu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19023 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== Lalu Rai Son Of Late Bhagwan Rai Village- Fatehpur Chain Ps- Awtar Nagar Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 341, 323, 324, 379, 307, 302 and 120B of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that assaulted the informant's husband along with his family members. It is further alleged that this petitioner assaulted to the informant's husband by means of sharp edge farsa due to which he sustained injuries and later

Patna High Court CR. MISC. No.19023 of 2023(6) dt.01-11-2023 2/3 on during the course of treatment, he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-13 of this petition that as per the prosecution story, the petitioner assaulted the informant's husband by means of sharp edge farsa due to which he succumbed to injury but as per the postmortem report, doctor opined that the injuries of the deceased caused by heavy blunt object which falsifies the prosecution case itself. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.09.2022.

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

6. 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 Awtar Nagar P.S. Case No. 112 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.19023 of 2023(6) dt.01-11-2023 3/3 satisfaction of learned Sessions Judge, Saran at Chapra. (Sunil Kumar Panwar, J) Shubham/- U T