Lal Kishun Rai @ Lal Kishore Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36649 of 2023 Arising Out of PS. Case No.-610 Year-2020 Thana- DIGHA District- Patna ====================================================== LAL KISHUN RAI @ LAL KISHORE RAI S/O LATE TIPAN RAI R/O Kurji Magadh Colony, P.S- Digha, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravish Mishra For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with Digha P.S. Case No. 610 of 2020 dated 28.11.2020 registered for the offence punishable u/s 447, 341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code.
As per the prosecution case, allegation against the petitioner and the other co-accused persons is of assaulting the informant and his family members. Further, the accused persons
Patna High Court CR. MISC. No.36649 of 2023(2) dt.07-07-2023 2/3 also snatched the gold ornaments.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to the local village politics. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the injury is simple in nature caused by hard and blunt substance and the measurement of the wound is not mentioned. The petitioner is accused in 8 other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 25.8.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Digha P.S. Case No. 610 of 2020 having Sessions Trial No. 126 of 2023 with the following condition :
1. The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.36649 of 2023(2) dt.07-07-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T