Sudhir Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42324 of 2023 Arising Out of PS. Case No.-372 Year-2019 Thana- DIGHWARA District- Saran ====================================================== Sudhir Ray, S/O BIRENDRA RAY R/O Village- Basti Jalal, P.S- Dighwara, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Jitendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Dighwara P.S. Case No. 372 of 2019 lodged on 18.11.2019 under Sections 147, 148, 149, 341, 313, 324, 307, 379 and 504 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have assaulted the informant with a lathi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that both, the petitioner and the informant, were present at one place for measurement of land and at the time of measurement, hot discussions took place between them which resulted into scuffle and in that course, the informant and others

Patna High Court CR. MISC. No.42324 of 2023(2) dt.14-07-2023 2/2 got injured. Thereafter, the informant has lodged the present case against 14 named accused persons including the petitioner. He further submits that the petitioner is in custody since 10.03.2023 and apart from the present case, one more criminal case is pending against him. Learned counsel for the petitioner relies on an agreement which took place before the sarpanch by which it transpires that there was a pending land dispute between the parties.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Assistant Chief Judicial Magistrate, II, Saran at Chapra in connection with Dighwara P.S. Case No. 372 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J) Ashwini/- U T