Om Nath Rai @ Om Nath Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73159 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- BEUR District- Patna ====================================================== Om Nath Rai @ Om Nath Ray S/o- Ramasharay Rai Resident of VillageBitaura PS- Beur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Beur P.S. Case no. 117 of 2024 instituted for the offence under Sections 341, 324, 323, 308, 379/34 of the Indian Penal Code.
3. As per allegation in the FIR, on 26.02.2024, petitioner and other co-accused assaulted informant's father on his head by means of khanti and they also assaulted by means of sword on the hands of informant's brother. It is further alleged that lastly they attacked upon the head of the informant resulting into his head injury.
Patna High Court CR. MISC. No.73159 of 2024(4) dt.27-03-2025 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. All sections are bailable in nature except sections 308 and 379 IPC, which are not attracted against the petitioner. General and omnibus allegations have been levelled against the petitioner. Petitioner and informant are co-villager. It is evident from the injury report, which is annexed as Annexure-2, 3 and 4, that all injured have received simple injury and the same are on non-vital organ. Moreover, petitioner has got no criminal antecedent.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from receipt of this order and in the event of his arrest or surrender in connection with Beur P.S. Case no. 117 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.73159 of 2024(4) dt.27-03-2025 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) sushma/- U