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Patna High CourtCR. MISC./6076/2021allowed

Govind Rai @ Govind Prasad Rai v. The State Of Bihar

2021-04-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6076 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== GOVIND RAI @ GOVIND PRASAD RAI SON OF LATE MACHANDRA RAI R/O VILLAGE- OLLI TOLA, CHUNAPUR ROAD, P.S.- MADHUBANI (K. HAT), DISTRICT-PURNEA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 354, 504 & 506 of the Indian Penal Code. The allegation against the petitioner is that he assaulted the father of the informant by means of iron rod on his head.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite

Patna High Court CR. MISC. No.6076 of 2021(2) dt.16-04-2021 2/2 innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner is alleged to have assaulted the father of the informant who received two injuries but there is no allegation of repetition by the petitioner and there is no intervening circumstances. The injuries sustained by the informant's father is 3" x 2" cut injury on the scalp which is non-vital part of the body. It is lastly submitted that both the parties are agnates having common ancestor and only due to dispute over passage, the present case has been lodged. The petitioner has no criminal antecedent and has been languishing in custody since 19.0-9.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Khajanchi Hat (Madhubani) P.S. Case No.87 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T