Bipin Bihari Rai @ Buli Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32548 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Bipin Bihari Rai @ Buli Ray Son of Late Nathuni Rai Resident of Village - Dhanchhuha, P.S. - Chaori, Distt. - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chaori P.S. Case No. 121 of 2023 instituted for the offence under Sections 341, 323, 307, 354, 354B, 379, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that co-accused persons including the petitioner entered into the house of the informant and assaulted her by fists and slap. It is also alleged that coaccused including the petitioner torn her cloth. It is further

Patna High Court CR. MISC. No.32548 of 2024(2) dt.01-05-2024 2/3 alleged that co-accused, Susum Kumari and Nirmala Devi have taken away Rs. 25,000/- and scattered her household articles. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-01-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation against the petitioner, rather allegation is general and omnibus. It is submitted that there is delay of one day in lodging of the FIR. It is submitted that no such occurrence ever took place, as alleged in the FIR. There is case and counter case between the parties. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties

Patna High Court CR. MISC. No.32548 of 2024(2) dt.01-05-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Chaori P.S. Case No. 121 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T