Kalicharan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44293 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.
Kalicharan Ray Son Of Late Rameshwar Rai Resident Of Village- Nagawan, Ps- Bhagwanpur, Distt- Siwan.
2.
Sunil Rai Son Of Gautam Rai Resident Of Village- Nagawan, PsBhagwanpur, Distt- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
3. The allegation against the petitioners along with others is of assaulting the informant by means of farsa and dab, due to which the informant's side sustained injury. It is further alleged that co-accused Dharamshila Devi snatched from the
Patna High Court CR. MISC. No.44293 of 2023(2) dt.21-07-2023 2/3 neck of her daughter-in-law and co-accused Sunil Rai picked up Rs. 7,000/- from the pocket of Nahid Ali.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to drainage dispute. He has committed no offence. The instant case is nothing but counter version of Bhagwanpur Hat P.S. Case No. 143 of 2023 lodged by co-accused Dharmshila Devi, wife of the petitioner no. 1 in which the present informant and others are accused. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 22.04.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with
Patna High Court CR. MISC. No.44293 of 2023(2) dt.21-07-2023 3/3 Bhagwanpur Hat P.S. Case No. 142 of 2023.
(Sunil Kumar Panwar, J) arish/- U T