Bilakh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47690 of 2021 Arising Out of PS. Case No.-114 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== BILAKH RAI Son of Kewal Rai Resident of Village - Raghopur Purvi, P.S. Jurawanpur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-09-2021 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Yogendra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Jurawanpur P.S. Case No. 114 of 2018 registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 5.4.2021 passed in Cr. Misc. 1036 of 2021 with liberty to the petitioner to renew his prayer for grant of regular bail after four
Patna High Court CR. MISC. No.47690 of 2021(2) dt.01-09-2021 2/3 months.
The allegation against the petitioner, as per the First Information Report, is that on 23.12.2018, the informant was accosted by five named accused persons including petitioner and two unknown persons while the informant was going to Jurawanpur market and they assaulted the informant. It has further been alleged that petitioner assaulted the informant with butt of pistol and all the accused persons snatched Rs.4,500/- from his pocket.
Learned counsel for the petitioner submits that earlier the brother of the petitioner had lodged Jurawanpur P.S. Case No. 45 of 2018 under Sections 341, 323, 307, 379 and 506/34 of the Indian Penal Code against the informant and his four sons, due to which, the petitioner has falsely been implicated in this case. Learned counsel further submits that the petitioner is in custody since 27.8.2020 and while rejecting the bail application of the petitioner earlier, this Court had granted liberty to the petitioner to renew his prayer for bail after four months. Regard being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 27.8.2020 and the charge sheet has already been submitted in the matter as well as
Patna High Court CR. MISC. No.47690 of 2021(2) dt.01-09-2021 3/3 this is second attempt for grant of regular bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIX,Vaishali at Hajipur, in connection with Jurawanpur P.S. Case No. 114 of 2018.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T