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Patna High CourtCR. MISC./70494/2018bail granted

Sanoj Rai v. The State Of Bihar

2019-04-17Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70494 of 2018 Arising Out of PS. Case No.-533 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Sanoj Rai S/o Nagendra Rai Resident of Village-Minapur, P.S. Nagar, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate.

For the Opposite Party/s :

Mr. Vinod Shankar Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case No.533 of 2018 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. The accusation is that when the informant after loading the plant of Banana was going on Magic vehicle to the field for plantation of the same, in the way, Akhilesh Rai, Nagendra Rai and this petitioner surrounded the vehicle of the informant and started demanding ransom of Rs.1000/- for carrying the vehicle. When the informant made protest, then this petitioner gave axe blow on his head, whereas Nagendra Rai caused injury to the informant through lathi. At that time,

Patna High Court CR. MISC. No.70494 of 2018(3) dt.17-04-2019 2/3 Akhilesh Rai caused injury to the informant through 'Hasua' on his neck.

Learned counsel appearing on behalf of the petitioner submits that the informant is the Bataidar of Basu Rai with whom there is dispute of the petitioner, due to that reason, the petitioner has falsely been implicated in this case. Further submission is that while the allegation against the petitioner is to cause injury at the head of the informant through axe but the opinion regarding the nature of the injury said to be caused by sharp cutting weapon was kept reserved. The petitioner has no criminal antecedent. Moreover, the co-accused Nagendra Rai and Akhilesh Rai alias Akhilesh Kumar have already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 14.12.2018 passed in Criminal Misc. No.66503 of 2018.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Town P.S. Case No.533 of 2018,

Patna High Court CR. MISC. No.70494 of 2018(3) dt.17-04-2019 3/3 subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T