Dilip Rai @ Dilip Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64052 of 2022 Arising Out of PS. Case No.-229 Year-2022 Thana- PATORI District- Samastipur ====================================================== DILIP RAI @ DILIP KUMAR RAI Son of Sri Sahdeo Rai Resident of Village- Habaspur, P.S.- Patory, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Informant/s :

Mr. Sunil Kumar Thakur For the State :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 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, 341, 323, 325, 307, 384, 385, 504, 506 of the Indian Penal Code.

As per prosecution story, when the informant's uncle was at milk centre, in the meantime, the petitioner along with co-accused persons armed with weapons and started assaulting him due to which he sustained injury. It is further alleged that about one week prior of this incident, the petitioner had demanded Rs. 5 lakh as extortion from his uncle and also threatened him to kill him.

Patna High Court CR. MISC. No.64052 of 2022(2) dt.21-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has litigating term and there is a prior dispute with regard to extortion of money between the parties due to which the petitioner has falsely been implicated in the present case. From perusal of the FIR, there is no specific allegation of assaulting is against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 19.9.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner has got nine criminal antecedents.

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 Shahpur Patory P.S. Case No. 229 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 Judicial Magistrate, 1st Class, Samastipur.

However, the informant will be at liberty to move before appropriate forum for cancellation of bail bond of the

Patna High Court CR. MISC. No.64052 of 2022(2) dt.21-02-2023 3/3 petitioner, if he repeats such type of occurrence in future. (Sunil Kumar Panwar, J) Amandeep/- U T