Patna High CourtCR. MISC./46746/2021bail granted

Baidnath Rai v. The State Of Bihar

2022-07-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46746 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- KESARIA District- East Champaran ====================================================== BAIDNATH RAI son of Late Vishuni Rai Resident of Village - Bijdhari, P.S. Kesariya, District - East champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code.

Prosecution case is that petitioner inflicted knife blow on the chest of the informant causing injury on the chest. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Present case is counter blast of Kesariya Police Station Case No. 75/2021 lodged by the petitioner against the informant and others. It is further submitted that the occurrence is of 23.2.2021, whereas FIR was lodged on 20.3.2021 and there is no plausible explanation of delay. Petitioner has got no

Patna High Court CR. MISC. No.46746 of 2021(3) dt.12-07-2022 2/2 criminal antecedent. Injury of the informant was found to be simple in nature.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Considering the nature of allegation and the fact that injury of the informant was found to be simple in nature, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Kesariya Police Station Case No. 92 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T