Chandra Shekhar Rai @ Badri Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24469 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== CHANDRA SHEKHAR RAI @ BADRI RAI S/o Late Ram Chalitar Ray @ Late Chalitra Ray Resident of Village-Sonmani Tol, P.S.-Bajpatti, DistrictSitamarhi. ... ... Petitioner.
Versus
The State of Bihar. ... ... Opposite Party. ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh For the Opposite Party/s :
Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 325, 379, 504 & 506/34 of the Indian Penal Code.
The prosecution case, in brief, is that petitioner is the close agnate of the informant and he always said to have quarreled with him. On 11.01.2020, while the informant was going to inform the village chaukidar, the petitioner in association of other accused person surrounded and assaulted him. It is further alleged that Shitali Devi tried to kill him by pressing his neck, whereas Arun Rai tried to assault him by knife on his neck. It is also alleged that on 09.01.2020, the accused persons assaulted his family members and Arun Rai snatched the golden chain from his neck and Rs.50,000/- from
Patna High Court CR. MISC. No.24469 of 2020(3) dt.05-10-2020 2/2 his pocket.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Both the parties are closed agnate and the petitioner has been falsely implicated in this case due to long standing land dispute. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The injury sustained by the informant is simple in nature. The petitioner has no criminal antecedent has been languishing in custody since 20.02.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No.22 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T