Patna High CourtCR. MISC./64118/2023bail granted

Arvind Rai v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64118 of 2023 Arising Out of PS. Case No.-612 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== ARVIND RAI Son of Ranjeet Rai Resident of Village-Gadaipur, P.S.- Naubatpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no. 1524 of 2022 arising out of Naubatpur P.S. Case no. 612 of 2022 registered under sections 307, 341, 323, 337, 338, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

3. As per the prosecution case, the informant states that the accused persons threatened the informant's elder brother that he should withdraw the earlier case or else he will have to face the consequences. Thereafter, it is stated that the accused persons, including this petitioner, came variously armed and

Patna High Court CR. MISC. No.64118 of 2023(2) dt.11-10-2023 2/3 brutally assaulted the informant's brother.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The reason for false implication which is pending case between the parties, would be evident from FIR itself. The manner of occurrence is other than what has been narrated in the FIR. The so called injured subsequently died on 15.9.2022 and section 302 of the IPC was added. The petitioner is in custody since 19.9.2022 and charges have been framed in the learned trial Court. The petitioner undertakes to cooperate in the trial.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR being general and omnibus in nature, the petitioner having remained in custody for more than one year since 19.9.2022 and charges have been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 1524 of 2022 (arising out of Naubatpur P.S. Case no. 612 of 2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge- VI,

Patna High Court CR. MISC. No.64118 of 2023(2) dt.11-10-2023 3/3 Danapur, Patna.

(Partha Sarthy, J) uttam/- U T