Avinash Rai @ Avikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7458 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Avinash Rai @ Avikash Rai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate. For the informant : Mr. Suraj Pd. Sinha, Sr. Advocate. For the State : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned senior counsels for the petitioner, informant and learned A.P.P. for the State.

The petitioner is languishing in custody since 05.06.2014 in a case registered for the offences punishable under Sections 447, 341, 342, 323, 324,307, 379 and 506/34 of the Indian Penal Code. Later on Section 302 of the I.P. C. was also added.

It is specifically alleged that co-accused Rajeev Rai on the order of Sanjeev Rai assaulted Subodh Choudhary with Farsa as a result Subodh Choudhary succumbed to the injuries. It is alleged against the petitioner that he assaulted on the head of the informant.

It is submitted by learned senior counsel

Patna High Court Cr.Misc. No.7458 of 2015 (2) dt.12-03-2015 2 / 2 for the petitioner that injury of the informant has been found to be simple caused by hard and blunt substance. Similarly situated other accused Ram Singar Roy, Sajiv Roy, Ajit Roy and Niranjan Roy have been granted bail by this Court vide Cr. Misc. No. 39056 of 2014.

It is submitted by learned senior counsel for the informant that the petitioner is the assailant of the informant but accusation has been made for the offences punishable under Section 302/34 of the I.P.C., and trial has commenced. Considering the fact that similarly situated co-accused have been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional District & Sessions Judge, Vaishali at Hajipur in connection with Sessions Trial No. 404 of 2014, arising out of Mahnar P.S. Case No. 102 of 2014.

U.K./- (Dinesh Kumar Singh, J) U T