Laddu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67420 of 2023 Arising Out of PS. Case No.-272 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== Laddu Rai, S/o Shankar Rai R/O Village- Suryapatti, P.S- Pupari, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Pupri P.S. Case No. 272 of 2023, lodged on 28.06.2023 under Sections 341, 326, 307 & 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 2 named and 2 unknown accused persons including the present petitioner and it transpires from the FIR that the specific allegation against the two persons including the petitioner that they have attack by sharp cutting weapon on the husband of the informant due to which he sustained head injury.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He also submits that the allegation is there in the FIR for assault on his head, but death has not been caused. He further submits that the

Patna High Court CR. MISC. No.67420 of 2023(2) dt.17-10-2023 2/2 antecedent of the petitioner is clean and he is in custody since 10.07.2023.

5. Learned APP for the State and learned counsel for informant vehemently opposes the prayer for bail of the petitioner and submits that from the contents of the FIR, there is a specific allegation against the present petitioner that he has assaulted the informant's husband causing grievous injury which is annexed as Annexure 2 which is the injury report.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Pupri P.S. Case No. 272 of 2023, pending before the learned S.D.J.M., Pupri at Sitamarhi is hereby rejected.

8. However, the petitioner shall move for regular bail after framing of charge, the Trial Court shall release him on bail imposing its own conditions so that he may not evade his appearance during trial.

9. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J.) Divyansh/- U T