Shiv Pujan Rai @ Bhola Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71945 of 2024 Arising Out of PS. Case No.-91 Year-2017 Thana- CHHAURADANO District- East Champaran ====================================================== Shiv Pujan Rai @ Bhola Rai Son of Late Udho Rai Resident of VillagePachpokhariya, P.S.- Chhauradano, (Mahuawa), District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anjali For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 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, 379, 307, 504 and 506 of the Indian Penal Code.
3. According to the case of prosecution, it is alleged by the informant that petitioner along with other co-accused persons assaulted the informant along with his family members due to which they sustained injuries. The reason behind this as alleged occurrence is said to be admitted land dispute between the parties.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.71945 of 2024(2) dt.05-10-2024 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is case and counter case between the parties and both parties have sustained injuries. It is further submitted by learned counsel for the petitioner that the injuries received by the informant are simple in nature. Moreover, the petitioner is languishing in judicial custody since 14.08.2024.
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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chauradano (Mahuawa) P.S. Case No. 91 of 2017 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, East Champaran.
(Ashok Kumar Pandey, J) Shubham/- U T