Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37133 of 2021 Arising Out of PS. Case No.-192 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Raju Rai S/O Late Ram Autar Rai Resident Of Village- Madaripur, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand- Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Minapur P. S. Case No.192 of 2020, instituted for the offences under Sections 341, 447, 448, 323, 324, 307, 504, 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 22.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that this petitioner assaulted the informant by means of spade, while he was drunk,

Patna High Court CR. MISC. No.37133 of 2021(2) dt.08-12-2021 2/3 on the head of the informant on account of which the informant suffered grievous injury.

The learned counsel for the petitioner submits that there is counter-version of the occurrence, which is prior in point of time and therefore, he has been falsely implicated in this case. From the side of the petitioner, Minapur P. S. Case No.178 of 2020 under Sections 341, 323, 447, 448, 307, 379, 504, 34 of the I.P.C. was instituted.

The learned counsel for the petitioner further submits that it was on account of dispute that there was a fight between the side of the petitioner and the informant as a result of which, both sides received injury. The informant of the present case received grievous injury, but it cannot be said that the assault was intentional as the blow was not repeated. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 22.03.2021, he is a person with clean antecedent, chargesheet has been submitted in this case and there is a counterversion of the present case as aforesaid, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.37133 of 2021(2) dt.08-12-2021 3/3 learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P. S. Case No.192 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T