Murari Kumar Rai @ Murari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50825 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Murari Kumar Rai @ Murari Rai SON OF LATE LAKSHMAN RAI VILLAGE- PAKARI SRIKANT, PS- UCHKAGAON, DIST- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the IPC in connection with Uchkagaon P.S. Case No.474 of 2023.

3. The learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that petitioner asked for Rs.200/- for drinking, on refusal he assaulted by bamboo causing injury on head and when his father came to save him he was also assaulted by the petitioner by fist.

4. The learned counsel submits petitioner has been falsely implicated in the instant case by the informant on account of dispute relating to passage. It is next submitted that date of occurrence is 28.11.2023 and the FIR came to be

Patna High Court CR. MISC. No.50825 of 2024(2) dt.20-08-2024 2/2 instituted on 30.11.2023 i.e. after a delay of two days, which casts an aspersion on the case of the prosecution. It is also submitted that even presuming what has been alleged is true without admitting then the injuries suffered by the injured is simple in nature as would manifest from Annexure-2.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIX, Gopalganj in connection with Uchkagaon P.S. Case No.474 of 2023., subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T