Patna High CourtCR. MISC./67031/2023allowed

Doodhnath Ray v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67031 of 2023 Arising Out of PS. Case No.-297 Year-2021 Thana- TARAIYA District- Saran ====================================================== DOODHNATH RAY SON OF SHYAM LAL RAI RESIDENT OF VILLAGE - BAGAHI HARAKHPUR, P.S. - TARAIYA, DISTRICT - SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwa Bijay Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 504, 506, 325, 336, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the informant alleged that the petitioner and other co-accused persons came at his house and due to previous dispute started threatening him and his family members and upon protest the petitioner assaulted on the hand of the his elder brother by means of lathi due to which hand of his brother broken and other co-accused persons also assaulted his family members.

Patna High Court CR. MISC. No.67031 of 2023(2) dt.31-10-2023 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence due to previous land dispute. Beside the present case a Title Suit No 311 of 2016 is also going on between the parties in which the petitioner is one of the defendants and in that background alleged occurrence took place. It is further submitted that the petitioner is languishing in judicial custody since 18.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Taraiya P.S. Case No. 297 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Saran.

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