Patna High CourtCR. MISC./60007/2023allowed

Rajkishor Rai v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60007 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== RAJKISHOR RAI S/O LATE SHIVPUJAN RAI R/O VILLAGEMAHARANI UGARSAIN, P.S- MOHAMADPUR, DISTT.- GOPALGANJ. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 341, 307, 379/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting the family members of the informant, due to which they sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. He submitted that petitioner and the informant are co-villagers and there is admitted land dispute between them. There is a case and counter case between the parties. Members of both parties have

Patna High Court CR. MISC. No.60007 of 2023(2) dt.14-09-2023 2/2 sustained injury as alleged in a separate occurrence. There has been delay in lodging the FIR without any cogent reason. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Mohammadpur P.S. Case No. 143 of 2023.

(Sunil Kumar Panwar, J) arish/- U