Patna High CourtCR. MISC./41850/2023bail granted

Gajendra Rai @ Gajendra Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41850 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- MADHAURAH District- Saran ====================================================== GAJENDRA RAI @ GAJENDRA KUMAR Son of Tuntun Rai Resident of village - Asaiyan, P.s. - Marhowrah, Distt. - Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rananjay Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023

1. 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 Marhowrah P.S. Case No. 33 of 2023 dated 22.1.2023 registered for the offence punishable u/s 147, 149, 341, 323, 324, 307, 506 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons armed with daab and iron rod assaulted the informant and his family members. The injured family members

Patna High Court CR. MISC. No.41850 of 2023(2) dt.24-07-2023 2/2 were taken to the hospital for treatment.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to village politics. There is general and omnibus allegation against the petitioner. Nothing incriminating material 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 26.2.2023.

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 period of custody, the petitioner abovenamed, 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, Saran at Chhapra in connection with Marhowrah P.S. Case No. 33 of 2023.

8. The application stands allowed.

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