Madan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9545 of 2018 Arising Out of PS. Case No.-338 Year-2017 Thana- PAHARPUR District- East Champaran ====================================================== Madan Rai son of Late Yogi Rai resident of village- Amwa Nizamat, P.S. - Paharpur, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Paharpur P.S. Case No. 338 of 2017 registered under Sections 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. The petitioner is said to have given spear blow to the informant and his brother namely, Nand Kishore Rai. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in the case due to land dispute. He happens to be agnate of the informant. There is no injury report of the informant in the case diary while injury report of Nand Kishore Rai indicates that he has not sustained

Patna High Court Cr.Misc. No.9545 of 2018(3) dt.16-03-2018 2/2 any spear blow rather lacerated wound caused by hard and blunt substance, which is simple in nature. He has no criminal antecedent. He has been languishing in custody since 18.12.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 338 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T