Chandra Kishore Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21971 of 2024 Arising Out of PS. Case No.-516 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Chandra Kishore Rai Son of Late Bindeswari Rai Resident of VillageKaudiya Yadav Tola, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K. Agrawal, Sr. Adv.
:
Mr. Pushpendra Kumar Singh, Adv.
Smt. Divya Bharti, Adv.
For the State :
Mr.Shailendra Kumar, APP For the Informant :
Mr. Ajay Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Madhuban P.S. Case No. 516 of 2023 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 448, 447, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation, when the informant along with his family members was sitting in the house, the accused persons came there and started abusing them. Further, the accused persons assaulted the informant's son by means of knife with an intention to kill him.
Patna High Court CR. MISC. No.21971 of 2024(3) dt.02-07-2024 2/2
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. There is case and counter case. He has further submitted that the allegation of assault is on co-accused persons namely Chandra Kishor Rai and Shivam Kumar and not against the petitioner. The petitioner is under custody since 27.12.2023.
5. On the other hand, the learned counsel for the informant and learned APP for the State have opposed the prayer for bail and submitted that there is multiple stabbing wounds over abdomen and the injures are grievous in nature.
6. Considering the above-mentioned facts and circumstances as well as the gravity of the allegation and also the fact that the petitioner has a criminal antecedent, I do not think it to be a fit case for bail, which is hereby rejected.
7. However, the petitioner is so advised may renew his prayer for bail after six months.
(Nawneet Kumar Pandey, J) Nirmal/- U T