Naresh Rai @ Ram Naresh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71206 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== NARESH RAI @ RAM NARESH RAI Son of Late Bhagwan Rai R/V- Sarai Saho, P.S- Dariyapur, Dist- Saran, Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Ranjan, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Dariyarpur P.S. Case No. 184 of 2021 registered for the offence under Sections 341, 323, 379, 324, 325, 307, 354, 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 21.09.2022.
The allegation against the petitioner is to assault informant and others, along with other co-accused persons, by means of sword, iron rod etc. causing injuries over nose and other body parts, having intention to cause their death.
Patna High Court CR. MISC. No.71206 of 2022(2) dt.12-04-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely implicated in present case due to dispute arises out of common path way. It is submitted that alleged assault is appearing single without having intervening circumstances and as such it can be safely gathered that same was not caused having intention to cause death of informant. It is further submitted that even the informant is not saying through her FIR that the assault was caused with intention to cause her death. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which, charge-sheet has submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel, Mrs. Rajni Kumari, for the informant opposes the prayer of bail. In view of the facts and circumstances as mentioned above, as alleged assault not appears to be made from version of informant with intention to cause her death, as per face of FIR coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Dariyarpur P.S. Case No. 184 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.71206 of 2022(2) dt.12-04-2023 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Saran/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T