Patna High CourtCR. MISC./69677/2023allowed

Mithilesh Kumar Rai v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69677 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== MITHILESH KUMAR RAI SON OF SHER BAHADUR RAY @ SHER BAHADUR GOP R/O.- LOHAGIR, PS- UJIYARPUR, DISTRICTSAMASTIPUR, BIHAR-848101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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 sections 147, 148, 149, 341, 323, 324, 307, 354B, 3749, 427, 448, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with others are alleged to have assaulted the informant and his father due to which they sustained injuries. The alleged occurrence took place in the background of paying of DJ sound. The accused persons also damaged the household articles of the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69677 of 2023(2) dt.03-11-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous dispute. There is no specific overt-act of assaulting against the petitioner. General and omnibus allegation leveled against him. It is further submitted that the petitioner is languishing in judicial custody since 31.7.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Ujiyarpur P.S. Case No. 90 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Dalsinghsarai, Samastipur.

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