Jay Ram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32277 of 2020 Arising Out of PS. Case No.-333 Year-2020 Thana- MASHRAK District- Saran ====================================================== JAY RAM RAI Son of Sudarashan Rai Resident of Village - Sisai, Police Station - Mashrakh, District - Saran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vikramdeo Singh, Advocate Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP For the Informant :

Mr. Harish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and learned counsel appearing on behalf of the informant. This application for grant of regular bail arises out of Masrakh P.S. Case No.333 of 2020 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354A, 379, 447, 504 and 506 of the Indian Penal Code. On perusal of the First Information Report, it transpires that land dispute between the parties is the reason behind the alleged occurrence. The petitioner and the informant are agnates. Allegedly, the accused persons were abusing the informant and when objected to, they all started assaulting him. There is allegation against all the persons, who are named in the First Information Report, of having participated in the

Patna High Court CR. MISC. No.32277 of 2020(3) dt.04-01-2021 2/3 occurrence and assaulted the informant and his family members. So far as this petitioner is concerned, there is allegation that he assaulted Saraswati Devi, mother of the informant. Learned counsel appearing on behalf of the petitioner has drawn my attention to the injury report of said Saraswati Devi and has submitted that injuries on her head was found to be simple in nature.

Learned counsel appearing on behalf of the informant has opposed the prayer for bail and has submitted that considering the petitioner's criminal antecedent, as is evident from paragraph 3 of the application, the petitioner does not deserve privilege of regular bail.

In response to the said submission, learned counsel for the petitioner has argued that all the cases, in which the petitioner is accused, arise out of the property dispute amongst the agnates.

Be that as it may, considering the nature of allegation in the present case, keeping in mind the injury report, in my opinion, a case for grant of regular bail is made out. This application is accordingly allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.32277 of 2020(3) dt.04-01-2021 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Saran, in Masrakh P.S. Case No.333 of 2020. (Chakradhari Sharan Singh, J) Pawan/- U T