Patna High CourtCR. MISC./40481/2023bail granted

Umesh Rao v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40481 of 2023 Arising Out of PS. Case No.-797 Year-2022 Thana- BAGHA District- West Champaran ====================================================== UMESH RAO, S/O LATE BACHAN RAO, R/O Vill. Vishambharpur , PS. Bagaha, (Bhairoganj), Dist. West Champaran (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Sharma, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bagaha (Bhairoganj) P.S. Case No. 797 of 2022 dated 14.11.2022 registered for the offences punishable u/ss 341, 342, 323, 324, 325, 354, 307, 379, 504 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons entered the house of the informant and assaulted her and her husband with lathi, sword and bhala due to which the informant's husband sustained injury. Thereafter, the accused persons also threatened the informant and her family

Patna High Court CR. MISC. No.40481 of 2023(2) dt.24-07-2023 2/2 members to kill them.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that there is land dispute between the parties. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, the petitioner above-named, 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, Bagaha, West Champaran in connection with Bagaha (Bhairoganj) P.S. Case No. 797 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T