Patna High CourtCR. MISC./76836/2023bail granted

Manoj Ray @ Manoj Kumar v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76836 of 2023 Arising Out of PS. Case No.-353 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== MANOJ RAY @ MANOJ KUMAR Son of Santlal Ray R/o vill - Dariyapur, P.S. - Kudhani (Turki O.P), Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kudhani (Turki O.P.) P.S. case No. 353 of 2023 instituted for the offences under Sections 341, 323, 324, 325, 307, 354(B), 447, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, during the course of altercation, the petitioner is alleged to have assaulted Arbind Rai by means of iron rod on his head, resulting in head injury.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.08.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties

Patna High Court CR. MISC. No.76836 of 2023(2) dt.04-12-2023 2/2 and both the sides have received injuries.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that the injury is found to be grievous in nature.

6. Considering the aforesaid facts and circumstances of the case, and the fact that there is case and counter-case between the parties and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kudhani (Turki O.P.) P.S. case No. 353 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T