Patna High CourtCR. MISC./24775/2024allowed

Dineshwar Rai @ Dineshar Rai v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24775 of 2024 Arising Out of PS. Case No.-136 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Dineshwar Rai @ Dineshar Rai S/o Late Shiv Nandan Rai R/o Village - Hari Narayanpur, P.S. - Madhuban, Dist. - East Champaran 2.

Rabindra Rai @ Ravindra Rai S/o Dineshar Rai @ Dineshwar Rai R/o Village - Hari Narayanpur, P.S. - Madhuban, Dist. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Madhuban P.S. Case No. 136 of 2022 registered for the offence under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is to assault the informant and his son due to which they sustained injury.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Both parties are close agnates and the petitioners have falsely been implicated in this case due to land dispute. It is also submitted

Patna High Court CR. MISC. No.24775 of 2024(2) dt.04-04-2024 2/2 that the alleged occurrence took place on 29.3.2022, but the FIR has been lodged on 2.4.2022 after delay of four days. There is case and counter case between the parties. The petitioners have got no criminal antecedent as stated in para-3 of the bail petition and they are languishing in judicial custody since 4.1.2024. Moreover, similarly situated co-accused namely, Devendra Rai has already been granted bail by Court vide order 16.1.2023 passed in Cr. Misc. No. 52494 of 2022.

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

6. Considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Madhuban P.S. Case No. 136 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari at East Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T