Khesari Kumar @ Bijay Rai @ Bijay Kr. Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64854 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== KHESARI KUMAR @ BIJAY RAI @ BIJAY KR. RAI Son of Ganga Ram Ray @ Sarpanch @ GANGA NAND RAY R/V- Narepur West, P.SBachhwara, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 302, 379 of the Indian Penal Code.

As per prosecution case, on 5.4.2022, the informant's son namely, Kumar Raja was coming to his house from Diyara and when he reached at Mallick Dhala, the petitioner along with his associates having arms in their hands, surrounded and assaulted him due to which he sustained serious injuries and later on, he died in course of treatment.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a land dispute going on between the petitioner's and informant's family due to which this petitioner has falsely been implicated in

Patna High Court CR. MISC. No.64854 of 2022(2) dt.24-02-2023 2/2 the present case. The specific allegation of assault is against coaccused namely, Digaj Kumar. It is further submitted that the occurrence took place on 5.4.2022 but this case has been lodged in delay of three days on 8.4.2022. The petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Dilip Mahoto has already been granted bail by a coordinate Bench of this Court vide order dated 3.2.2023 passed in Cr. Misc. No. 68184 of 2022. He is languishing in judicial custody since 25.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bachhwara P.S. Case No. 77 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

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