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Patna High CourtCR. MISC./58563/2023bail rejected

Dharmendra Rai v. The State Of Bihar

2023-09-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58563 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

Dharmendra Rai son of Indardeo Rai @ Indar Deo Rai @ Inder Deo Ray Village- Boaridih Tole Munni Kalyana Ps- Gaighat Dist- Muzaffarpur 2.

Mantun Rai @ Mantun Yadav son of Indardeo Rai @ Indar Deo Rai @ Inder Deo Ray Village- Boaridih Tole Munni Kalyana Ps- Gaighat DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP Mr. Abhiskhekh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2023 Heard learned Counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Gaighat P.S. Case No. 143/2023 registered on 07.04.2023 for the offenses punishable under Sections 341, 323, 307, 324, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against three accused persons including the petitioners. It has been alleged in the FIR that co-accused, Inardeo Rai caught the informant whereupon the petitioners have allegedly caused cut injury on the hands, back, and leg of the informant.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.58563 of 2023(2) dt.20-09-2023 2/2 petitioners that the petitioners are innocent and have committed no offence. The antecedent of the petitioners are clean and the injury is annexure p/3.

5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is a specific allegation against the accused persons. Counsel also submits that from the injury report, it transpires that the injury to both the injured person has been made by a sharp cut and hard blunt substance and both the injuries are grievous in nature.

5. Learned APP for the State also opposes the prayer for bail.

6. In this background, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners in connection with Gaighat P.S case No. 143 of 2023 pending before the learned Judicial Magistrate 1st (East), Muzaffarpur is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T