Ramsogarath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35903 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== Ramsogarath Rai S/o Ramswarup Rai R/o Village- Bahuara Bhan, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Rai, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansai, APP For the Informant :

Mr. Amit Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2021 Heard Mr. Madhusudan Rai, learned counsel for the petitioner and Mr. Amit Bhushan for the informant. The State is represented by Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with Madhuban P.S. Case No. 65 of 2020 dated 11.03.2020 instituted for the offences under Sections 147, 447, 341, 323, 324, 325, 307, 443, 397, 504 and 506 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that though he is alleged to have assaulted one Gajendra Yadav resulting in injuries on head, one of which was found to be grievance, but there is a possibility of false implication because of past dispute between the parties.

Patna High Court CR. MISC. No.35903 of 2020(3) dt.22-02-2021 2/2 It has also been submitted that the petitioner is an agnate of the informant and the victim and has been made accused because of such land dispute.

The petitioner is in custody since 08.08.2020. Learned counsel for the informant, however, has opposed the prayer for grant of bail and has submitted that the petitioner may be an agnate of the informant and the victim who is the brother of the informant but since he has caused one grievous injury on the head of Gajendra Yadav, he does not deserve to be enlarged on bail.

Regard being had to the nature of accusation, background facts and the petitioner being an agnate of the informant and pending land dispute, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, East Champaran (Motihari) in connection with Madhuban P.S. Case No. 65 of 2020.

(Ashutosh Kumar, J) krishna/- U T