Patna High CourtCR. MISC./62859/2023allowed

Mohan Rai v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62859 of 2023 Arising Out of PS. Case No.-386 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== Mohan Rai Son Of Bishun Rai Resident Of Village- Bediyahi, Ps- Chiraiya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Rajendra Singh For the Informant :

Mr. Jai Prakash Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 308, 379, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant's niece due to which she sustained injury and became unconscious and the reason behind this as alleged occurrence is said to be land dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is

Patna High Court CR. MISC. No.62859 of 2023(2) dt.09-10-2023 2/2 case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. Moreover, the petitioner is languishing in judicial custody since 28.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Chiraiya P.S. Case No. 386 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Dhaka at Sikarahnaa, Motihari, East Champaran.

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