Shiv Chandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23111 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== SHIV CHANDRA RAI Son of Jaylal Rai @ Jailal Rai Resident of VillageDwarikanathpur, P.S.-Karja, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2020 Heard Mr. Indrajeet Bhushan, learned counsel for the petitioner and Mr. Yogendra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Karja P.S. Case No. 32 of 2020 registered for the offence punishable under Section 147, 149, 341, 323, 324, 325, 307, 427, 504 and 506 of the Indian Penal Code 1860. The allegation against the petitioner is that the petitioner assaulted the informant by means of iron rod on his head on account of which, he fell down and received head injury.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.23111 of 2020(2) dt.09-09-2020 2/3 both the parties are agnates and there is land dispute between them. Learned counsel further submits that there is case and counter case between the parties inasmuch as for an occurrence which has taken place on the same date and time Karja P.S. Case No. 33 of 2020 has been lodged by the side of the petitioner against the side of the prosecution. Learned counsel referring to Annexure-3 submits that the injuries caused to the informant has been found to be simple in nature and Police after investigation submitted charge sheet under Section 308 of the Indian Penal Code against the petitioner and not under Section 307 of the Indian Penal Code.

Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that both the parties are agnates and there is land dispute between them, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Hemant Kumar,

Patna High Court CR. MISC. No.23111 of 2020(2) dt.09-09-2020 3/3 learned Judicial Magistrate, 1st Class, Muzaffarpur (W), in connection with Karja P.S. Case No. 32 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T