Devendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52494 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== DEVENDRA RAI S/o Dineshar Rai Resident of Village- Hari Narayanpur, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 325, 379, 504, 506, 34 of the Indian Penal Code. The prosecution story is that, all the FIR named persons came at the house of informant and started assaulting by means of sword due to which he sustained injury. Thereafter, his son came for rescue the informant, they also assaulted him. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and informant are agnates and ancestral dispute going on between them due to which the petitioner has falsely been

Patna High Court CR. MISC. No.52494 of 2022(2) dt.16-01-2023 2/2 implicated in this case. It is further submitted that there is case and counter case, both parties sustained injury as alleged in separate occurrence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 8.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhuban P.S. Case No. 136 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran.

(Sunil Kumar Panwar, J) shubham/- U T