Dahaur Rai @ Dahauri Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33037 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== DAHAUR RAI @ DAHAURI RAI SON OF CHANDRADEO RAI RESIDENT OF VILLAGE - GANJPAR, ATHMALGOLA, P.S. - ATHMALGOLA, DISTRICT - PATNA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Athmalgola P.S. Case No. 32 of 2024 dated 29.01.2024 registered for the offence(s) punishable under Section(s) 448, 323, 307, 504 read with section 34 of the Indian Penal Code and section 27 of Arms Act.

3. Mr. Abhay Kumar Pandey, learned counsel for the petitioner submits that altogether 12 persons, including the petitioner have been named in the F.I.R., no specific allegation has been levelled against this petitioner, the main allegation as to assaulting the informant and informant's husband is against co-accused, Darogi Rai and the informant sustained simple injuries though her husband is said to have sustained grievous injuries but the same has not been attributed against the

Patna High Court CR. MISC. No.33037 of 2024(4) dt.26-07-2024 2/2 petitioner. In fact, a free fight took place in between both the parties and the injuries found on the person of informant and her husband are not in accordance with the manner of occurrence as described in the F.I.R. It is further submitted that petitioner has been languishing in jail since 31.01.2024 and against him. there is criminal antecedent of one case in which he is on bail and investigation has been completed against him.

4. Mr. Surendra Kumar, learned APP appearing for the State opposes the bail prayer.

5. Having regard to the above submissions and mainly considering the nature of allegation appearing against the petitioner from the F.I.R. and his custody period as well as completion of investigation against him, in my opinion, it is fit case for grant of privilege of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Athmalgola P.S. Case No. 32 of 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T