Indradeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29210 of 2019 Arising Out of PS. Case No.-275 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== INDRADEO RAI Son of Late Hem Nath Rai Resident of Village - Teza Bigha, P.S.- Bakhtiyarpur, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bakhtiyarpur P.S. Case No. 275/2018, S.Tr. No. 250/2018, instituted for offences under Section(s) 341, 323, 325, 307 and 302/34 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence five accused persons, namely Pappu Rai, Vikash Rai, Raushan Rai, Jitendra Kumar and Pramod Rai armed with weapons came on motorcycle and surrounded the informant. It is alleged that petitioner and co-accused Nagina Rai were present there from before. They tried to catch the informant but he escaped. Phupha (Doman Rai) of informant was caught hold by accused persons. They assaulted him with Lathi, Danda, rod and hammer causing serious injury to him. Pappu Kumar

Patna High Court CR. MISC. No.29210 of 2019(4) dt.12-07-2019 2/2 assaulted him with hammer in his chest causing serious injury. He broke his both hands. The accused persons also caused injury on both legs of Phupha of informant. Thereafter they fled away.

In such circumstances, from the written report it appears that there is specific allegation against Pappu Kumar of assaulting the Phupha of informant.

Co-accused Nagina Rai has already been granted bail by a Co-ordinate Bench of this Court vide order dated 29.01.2019 passed in Cr.Misc. No. 74034/2018. Petitioner is in custody since 11.09.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 3rd, Barh, Patna, in connection with Bakhtiyarpur P.S. Case No. 275/2018, S.Tr. No. 250/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T