Sharma Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44783 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Sharma Rai S/o Late Ramdeo Rai R/o vill - Ghughua, P.S. - Ghorasahan, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP For the Informant/s :

Mr. Asif Kalim, Adv.

Mr. Rananjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Lakhaura P.S Case No. 16 of 2024 dated 02.04.2024 registered for the offence punishable under Sections 302 read with Section 34 of the Indian Penal Code and Section.

3. As per the prosecution case, the petitioner and coaccused person along with some other persons came to the house of the informant and started demanding Rs. 2,000/- with interest, on denial, they started assaulting the informant's son with lathi, danda, shoes and slippers due to which the informant's son succumbed to the injuries.

Patna High Court CR. MISC. No.44783 of 2024(2) dt.16-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is also submitted that as per the P.M. report (Aneexure-12) medical report there is no external injury on the body of the deceased. There is general and omnibus allegation against the petitioner. The petitioner is a person with clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.04.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. 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, East Champaran at Motihari in connection with Lakhaura P.S. Case No. 16 of 2024.

7. The application stands allowed.

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