Pragas Rai @ Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54278 of 2019 Arising Out of PS. Case No.-231 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== PRAGAS RAI @ PRAKASH RAI Son of Umashankar Ray Resident of Village - Bilandpur @ Bulandpur, P.S.- Runni Saidpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 307, 506/34 of the Indian Penal Code and 27 of the Arms Act.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application by a Coordinate Bench of this Court with the observation at this stage and a liberty was granted to renew his prayer for bail after six months of framing of charge. Against the said order, the petitioner had preferred an appeal before the Hon'ble Apex Court. The said observation was affirmed by the Hon'ble Apex Court by order dated 20.07.2018 passed in Special Leave to Appeal (Crl.) No. 8388/2018. In the light of the liberty granted

Patna High Court CR. MISC. No.54278 of 2019(2) dt.30-08-2019 2/2 to the petitioner, the present application has been preferred. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.2.2018. The present application has been filed after six months of framing of charge. The nature of injury is said to be simple. The injury caused is on a non-vital part of the body. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -V, Sitamarhi in connection with s. Tr. No. 06/2019 arising out of Runni Saidpur P.S. Case No. 231/17.

(Sudhir Singh, J) Pankaj/- U T