Ajeet Rai @ Ajit Rai @ Ajit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63856 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- MASHRAK District- Saran ====================================================== Ajeet Rai @ Ajit Rai @ Ajit S/O Late Achheyalal Rai @ Achchhelal Ray Resident of village- Sherukkha Post- Mashrakh District- Saran at Chhapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Prasad Gupta, Adv.
For the Opposite Party/s :
Mr. Md. Matloob Rab, APP-34 For the Informant/s :
Mr. Harsh Singh, Adv.
:
Mr. Tej Pratap Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Mashrak P.S. Case No. 57 of 2022 registered for the offences punishable under Sections 341, 323, 307, 379, 325 and 506/34 of the Indian Penal Code and Section 27 of Arms Act. As per the prosecution, the informant alleged that the petitioner along with three other accused persons assaulted him by means of country-made pistol, sword and dab owing to which he sustained grievous injuries. It is further alleged that they took Rs. 1,650/- from his pocket.
The main submissions advanced by learned counsel Mr. Surendra Prasad Gupta appearing for the petitioner are
Patna High Court CR. MISC. No.63856 of 2022(2) dt.24-02-2023 2/3 that the informant is co-sharer (Patidar) of the petitioner and admittedly in between both the parties a land dispute is running and he has been languishing in jail since 29.05.2022 and his health condition is not good and he was referred to P.M.C.H, Patna on 14.09.2022 and presently he is under treatment.
On the contrary, learned counsel Mr. Harsh Singh appearing for the informant as well as learned APP Mr. Md. Matloob Rab appearing for the State have vehemently opposed the bail prayer and submitted that the petitioner has criminal history of four cases and he intentionally suppressed details of one case relating to his antecedent and one named co-accused Nagendra Singh has been denied bail by a coordinate Bench of this Court and as per the allegation made in the FIR this petitioner and co-accused Jawala Rai simultaneously attacked at the informant, who sustained grievous injuries.
Having considered the seriousness of the allegation appearing against the petitioner from the FIR and he allegedly inflicted sword blow on the vital part of the body of the informant, who sustained grievous injuries as per the details given in the order impugned and also considering the
Patna High Court CR. MISC. No.63856 of 2022(2) dt.24-02-2023 3/3 petitioner's long criminal history, this Court is not inclined to accept the petitioner's prayer for bail. Accordingly, his prayer for bail stands rejected.
(Shailendra Singh, J) annu/- U T