Patna High CourtCR. MISC./65223/2024bail granted

Upendra Rai v. The State Of Bihar

2024-09-06Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65223 of 2024 Arising Out of PS. Case No.-69 Year-2022 Thana- PHENHARA District- East Champaran ====================================================== Upendra Rai Son of Late Nandu Rai Resident of village - Gaibandhi, P.S.- Phenhara, District - East Champaran. (In the impugned order Age of Petitioner is 42 has wrongly been mentioned). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Informant : Mr. Kundan Rathore, Advocate For the State :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-09-2024 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner, Mr. Kundan Rathore, learned counsel for the Informant as well as Mr. Anil Prasad Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 17.06.2024, in connection with Phenhara P.S. Case No. 69 of 2022, F.I.R. dated 17.05.2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he has brutally assaulted the brother of the informant with the rod on his hand and the hand was fractured.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in

Patna High Court CR. MISC. No.65223 of 2024(2) dt.06-09-2024 2/3 the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. There is case and counter case between the parties. He further submits that from perusal of the F.I.R. it appears that there is specific allegation against the petitioner is that he has brutally assaulted the brother of the informant with rod on his hand and the hand was fractured. He further submits that although the brother of the informant has received injury in his hand and doctor has opined that the injury is grievous in nature but the injury report of the brother of the informant suggests that the injury is not on the vital part of the body.

5. The learned Additional Public Prosecutor for the State as well as learned counsel for the Informant, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner and apart from that the petitioner carries three more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in all the pending matters which was instituted by the informant's side.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.65223 of 2024(2) dt.06-09-2024 3/3 Chief Judicial Magistrate, East Champaran at Motihari or Successor Court in connection with Phenhara P.S. Case No. 69 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T