Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66156 of 2023 Arising Out of PS. Case No.-612 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Arun Rai S/O Arvind Rai R/O Gadaipur, P.S Naubatpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 337, 338, 307, 504, 506, 34 of the Indian Penal Code. Subsequently, Section 302 I.P.C was also added.

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

Patna High Court CR. MISC. No.66156 of 2023(3) dt.08-11-2023 2/3 persons including the petitioner, came variously armed and brutally assaulted the informant's brother. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The reason for false implication which is pending case between the parties, would be evident from the F.I.R itself. The manner of occurrence is other than what has been narrated in the F.I.R. The so called injured subsequently died on 15.09.2022 and Section 302 I.P.C was added whereas the F.I.R was registered on 09.09.2022. The petitioner is languishing in custody since 19.09.2022. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 11.10.2023 passed in Cr. Misc. No. 64118 of 2023. In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.66156 of 2023(3) dt.08-11-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VI, Danapur, Patna in connection with Naubatpur P.S. Case No. 612 of 2022.

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