Ajeet Rai @ Ajit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63288 of 2022 Arising Out of PS. Case No.-564 Year-2021 Thana- MASHRAK District- Saran ====================================================== Ajeet Rai @ Ajit Rai @ Ajit S/O Late Achhelal Rai Resident of VillageSherukahan P.S.- Mashrakh District- Saran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mani Bhushan Kumar Singh Mr. Binod Kumar Sinha For the State :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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, 354B, 325, 379 and 506/34 of the Indian Penal Code.

As per F.I.R. the prosecution case, in brief, is that the petitioner along with other accused persons assaulted the informant with iron rod, lathi danda and other sharp weapons as a result of which the informant sustained injury on the head and when the wife of the informant came to rescue him, the petitioner had dragged her down and by means of danda he had assaulted her. It is further alleged

Patna High Court CR. MISC. No.63288 of 2022(5) dt.28-06-2023 2/3 that one of the accused persons had snatched the golden mangalsutra from the neck of the informant's wife. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is case and counter case between the parties for the land dispute. There is no any specific overt act against the petitioner. It is further submitted that the co-accused Manoj Rai has already been granted bail by other co-ordinate Bench of this Court vide order dated 26.08.2022 passed in Cr. Misc. No. 16080 of 2022. Moreover, the petitioner is languishing in judicial custody since 08.06.2022.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mashrakh P.S. Case No. 564 of 2021 on furnishing bail

Patna High Court CR. MISC. No.63288 of 2022(5) dt.28-06-2023 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra.

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