Nand Kishore Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1254 of 2021 Arising Out of PS. Case No.-154 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== Nand Kishore Rai, Son of Yamuna Rai Resident of Village - Purani Gandak Pool Road, Jauhari Bazar, Police Stationi - Hajipur Town in the District of Vaishali.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar, Advocate For the Informant :
Mr.Rajeev Ranjan Sinha, Advocate For the State :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Hajipur Town P.S. Case No. 154 of 2019 registered for the offences under Sections 341, 323, 326, 307, 504, 506/34 of the Indian Penal Code.
As per prosecution story, the house of the petitioner is situated beside the house of the informant and a case of land dispute was pending between them. The petitioner often used to tell him to withdraw the case but the informant was not withdrawing the case of land dispute. It is further alleged that on 23.02.2019 at about 6:30 A.M. when the informant came on the road from his house, the petitioner stopped him and asked as to why he is not withdrawing the case, when the informant refused
Patna High Court CR. MISC. No.1254 of 2021(2) dt.12-03-2021 2/3 to withdraw the case the petitioner along with accused persons abused him and the petitioner thrown acid on the informant in order to kill him, on which the informant fell down, thereafter co-accused Lalbabu Rai and Nagendra Rai assaulted him with iron rod. When the informant's son came to rescue his father, he was also assaulted by throwing acid upon him. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case due to previous land dispute. Learned counsel submits that there is one case on the head of this petitioner as stated in paragraph '3' of this application.
Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein there is a specific allegation against this petitioner that he had thrown acid on the informant who has got injuries in the nature of multiple blister over right thigh, right forearm, right side of lateral aspect of abdomen and right side of face (permanent disfigurement) as mentioned in the impugned order, this Court is not inclined to grant regular bail to the petitioner. Prayer for regular bail of the petitioner is, thus, refused.
Patna High Court CR. MISC. No.1254 of 2021(2) dt.12-03-2021 3/3 Let the trial be expedited.
The trial court is expected to proceed with the trial as expeditiously as possible. The prosecution must cooperate in course of trial.
(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.