Ratan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63337 of 2021 Arising Out of PS. Case No.-644 Year-2020 Thana- DIGHA District- Patna ====================================================== RATAN RAI Son of Late Ganesh Rai Resident of Mohalla- Bansh Kothi, Digha, Gate No. 93, P.S.- Digha, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 447, 341, 323, 324, 325, 379, 427, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, it is stated that there was dispute between the parties as a result of which case had been lodged on earlier occasion. It is stated that the accused persons gathered and on the orders of this petitioner, all accused persons assaulted the informant, his brother and the father of the informant leading to injuries.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The manner of occurrence is other than what has been described in the FIR. There is case and counter case between the parties. The case by the petitioner's side having been lodged on an earlier occasion

Patna High Court CR. MISC. No.63337 of 2021(2) dt.30-11-2021 2/2 and an FIR of which has been brought on record as Annexure-2 to the petition. No overt act has been alleged against this petitioner who is in custody since 4.9.2021.

It is further submitted by learned counsel for the petitioner that the urgency in taking of the matter out of turn has been stated in the supplementary affidavit filed on behalf of the petitioner wherein the card of the marriage of the son of the petitioner which is fixed for 6.12.2021 has been brought on record. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the allegations in the FIR, the petitioner is directed to be enlarged on bail in connection with Digha P.S. Case no. 644 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna.

(Partha Sarthy, J) Spd/- U T