Patna High CourtCR. MISC./36964/2023bail granted

Mahabir Rai @ Mahabir Ray v. The State Of Bihar

2023-07-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36964 of 2023 Arising Out of PS. Case No.-1080 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== MAHABIR RAI @ MAHABIR RAY S/O LATE CHILAR RAY, R/O VillageJaisinghpur (Sharda Tola), P.S- Turkauliya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Turkauliya P.S. Case No. 1080 of 2022, registered for offence punishable under sections 341, 323, 324, 308, 379, 504 and 506 of the Indian Penal Code.

As per allegation, the informant's son went to his Bathan and when he was returning, the petitioner and other coaccused persons assaulted him with lathi. Co-accused Aaskaran Rai assaulted him with Garasa on his head.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of inflicting Garasa blow on

Patna High Court CR. MISC. No.36964 of 2023(2) dt.03-07-2023 2/2 the person of informant's son is not against the petitioner, rather it is against co-accused Aaskaran Rai. The petitioner is under custody since 18.02.2023.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 1080 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, his bail bond shall be liable to be cancelled.

(Nawneet Kumar Pandey, J) Mahesh/- U T