Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30256 of 2020 Arising Out of PS. Case No.-209 Year-2020 Thana- DUMRAO District- Buxar ====================================================== JITENDRA RAI Son of Sumendra Rai Resident of Village- Lalganj, Kadvi, Ward No. 03, Police Station- Dumraon, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwini Kumar Rai, Adv.

For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2020 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, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Pronoti Singh, the learned APP for the State.

The petitioner seeks regular bail in connection with Dumraon P.S. Case No. 209 of 2020, registered for the offence punishable under Sections 341, 323, 354(B), 307, 504 and 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.30256 of 2020(2) dt.23-11-2020 2/3 The petitioner is alleged to have attacked Hridyalal Rai, husband of the informant, with an iron rod on his head causing injury to him.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 12.06.2020. It is further submitted by referring to paragraph no. 12 of the present petition that the injuries sustained by the said Hridyalal Rai and others are simple in nature. Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.30256 of 2020(2) dt.23-11-2020 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 209 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T