Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68718 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== SURESH RAI SON OF MAHADEV RAI @ MAHADEV RAY R/O TENGRAHA SADIPUR, P.S.- KHANPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, APP For the Informant :

Mrs. Vaishnavi Singh, Adv.

Mr. Purushottam Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Khanpur P.S. Case No. 140 of 2022 dated 09.06.2022 registered for the offences punishable under sections 147, 341, 323, 307, 379, 504 and 427 of the Indian Penal Code.

Patna High Court CR. MISC. No.68718 of 2022(2) dt.12-04-2023 2/3 As per the prosecution case, the allegation against the petitioner is of assaulting on the head of the informant on the exhortation of the co-accused Mahadev Rai causing head injury. When the informant's son came to rescue he was also assaulted and the co-accused Naresh Rai put the rope in his neck and dragged.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. There is land dispute between the parties. Learned counsel has further submitted that as per impugned order dated 25.08.2022 the informant sustained simple injury. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 05.07.2022. Learned counsel for the informant as well as learned APP for the State have vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.68718 of 2022(2) dt.12-04-2023 3/3 concerned, Samastipur in connection with Khanpur P.S. Case No. 140 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T