Lakshman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65629 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- DORIGANJ District- Saran ====================================================== LAKSHMAN RAI Son of Dhupnath Rai R/O village - Raipur Bingawan, P.S.- Doriganj, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2021 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner seeks bail in connection with Doriganj P.S. Case No.193/2020 (S.Tr. No.118/2021), registered for the offence punishable under Sections 341, 323, 324, 302, 147, 148, 149 of the Indian Penal Code.

The prosecution case in short is that petitioner along with other accused persons came at the door of the informant and made slogan of Ma Bhawani and indiscriminately assaulted the informant's side by means of iron rod. It is alleged that all the accused persons assaulted the son of the informant, who died in

Patna High Court CR. MISC. No.65629 of 2021(2) dt.01-12-2021 2/3 course of treatment.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case due to dirty village politics. A free fight has taken place in which both sides have sustained injuries, for which there is case and counter case between the parties. The informant's side is the aggressor of the said occurrence. There is no specific overt act against the petitioner rather the allegations are general and omnibus in nature. The specific allegation of assault is against one Aditya Kumar. Similarly situated co-accused namely Hakim Rai @ Haakim Rai has been granted regular bail vide order dated 05.10.2021 passed in Cr. Misc. No.19051 of 2021 by a coordinate Bench of this Court. The petitioner has two criminal antecedents and has been languishing in custody since 14.11.2020.

Learned APP for the State opposed the prayer for bail and submits that petitioner is also involved in the present case. Considering the facts and circumstances of this case, since there is general and omnibus allegation against the petitioner and similarly situated co-accused has been granted

Patna High Court CR. MISC. No.65629 of 2021(2) dt.01-12-2021 3/3 bail, the above named petitioner is also 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 A.D.J. 7th, Saran at Chapra in connection with Doriganj P.S. Case No.193/2020 (S.Tr. No.118/2021).

(Anjani Kumar Sharan, J) pallavi/- U T