Patna High CourtCR. MISC./50759/2023bail granted

Dhanjay Rai @ Dhananjay Rai v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50759 of 2023 Arising Out of PS. Case No.-193 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== Dhanjay Rai @ Dhananjay Rai Son Of Nakeshwar Rai Resident Of VillageJagdishpur, P.S.-Raghopur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 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 Raghopur P.S. Case No. 193 of 2020 dated 24.12.2020 registered for the offences punishable u/ss 147, 341, 323, 307 and 302 of the Indian Penal Code.

4. As per the prosecution case, the informant's brother-in-law (debar) went to demand the cost of irrigation, all the accused persons started abusing him. When the informant

Patna High Court CR. MISC. No.50759 of 2023(2) dt.17-08-2023 2/3 and her family member went there, all the accused persons started pelting stones and also assaulted them with lathi and iron rod. Thereafter all the injured were taken to hospital and during the course of treatment the husband of the informant died.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of three days in lodging FIR. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 10.10.2022 passed in Cr. Misc. No. 59893 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.05.2023.

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, Vaishali at Hajipur in connection with Raghopur P.S.

Patna High Court CR. MISC. No.50759 of 2023(2) dt.17-08-2023 3/3 Case No. 193 of 2020 .

8. The application stands allowed.

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