Patna High CourtCR. MISC./43759/2023bail granted

Amarjeet Rai v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43759 of 2023 Arising Out of PS. Case No.-319 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== AMARJEET RAI, Son of Ramesh Rai Resident of village - Morsandi, P.s. - Motipur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kishor, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 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 Motipur P.S. Case No. 319 of 2022 dated 02.09.2022 registered for the offences punishable u/ss 341, 323, 324, 307, 302 and 504 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons holding iron rod, spade came to the door of the informant and started abusing. On being objected, all the accused persons assaulted the informant's father with spade and iron rod with intent to kill causing injury. The informant's father was taken

Patna High Court CR. MISC. No.43759 of 2023(2) dt.25-07-2023 2/2 to the hospital and during the course of treatment, his father died.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that there is land dispute between the parties. Nothing has been recovered from the 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 09.01.2023.

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 allegation being general and omnibus, the petitioner above-named, 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, Muzaffarpur in connection with Motipur P.S. Case No. 319 of 2022.

8. The application stands allowed.

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