Bajrangi Ray @ Bajrangi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28930 of 2020 Arising Out of PS. Case No.-65 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== BAJRANGI RAY @ BAJRANGI RAI S/o Late Dhanik Lal Rai @ Dhanik Ray Resident of Village- Dih Marthua (Marthua), P.S.- Bithan, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Aditya Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Aditya Narayan Singh, the learned APP for the State. The petitioners seek regular bail in connection with Bithan PS case no. 65 of 2019 instituted for the offences punishable under Section 307 and other allied sections of Indian Penal Code.

The allegation is regarding the petitioner having assaulted the informant with iron khanti on his head, resulting in the informant sustaining head injuries.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.28930 of 2020(2) dt.13-11-2020 2/2 submitted that the petitioner is innocent, has been falsely implicated in the present case, is having clean antecedent and is languishing in custody since 16.03.2020. It is further submitted that the injury report, annexed as Annexure 2 to the present petition would show that one of the injuries has been found to be grievous in nature, however the same is not fatal in nature. Per contra, the learned APP for the State vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Rosera, Samastipur in connection with Bithan PS case no. 65 of 2019. (Mohit Kumar Shah, J) rinkee/- U T