Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76347 of 2023 Arising Out of PS. Case No.-288 Year-2019 Thana- MEHSI District- East Champaran ====================================================== Rajesh Rai S/O Rameakbal Rai @ Ram Ekbal Ray, resident of VillageBhimalpur @ Vimalpur, P.S. Mehasi, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024 This Court, by an order dated 08.12.2023, had called for a report from the learned Court of ADJ-14th, East Champaran at Motihari in pursuance whereof a report dated 05.01.2024 has been received by this Court, wherein it has been stated that charges have been framed against the petitioner on 19.12.2023 and next date for prosecution evidence has already been fixed.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. 3.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Mehsi P.S. Case No.288 of 2019 corresponding to G.R. Case No.7523 of 2019, registered for the offences punishable under Sections 341, 323, 379, 307, 504 and 506/34

Patna High Court CR. MISC. No.76347 of 2023(4) dt.21-06-2024 2/3 of the Indian Penal Code, inasmuch as earlier petition filed by the petitioner for grant of bail, vide Cr. Misc. No.37310 of 2020 was dismissed by this Court, vide order dated 02.02.2021. 4.

The allegation is regarding the petitioner and one other co-accused person namely Rakesh Rai having intercepted the informant whereafter, they had assaulted him by the butt of pistol resulting in grievous injury being inflicted on his head and then they had snatched the gold chain from the neck of the informant.

5.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 03.01.2020, hence he be granted bail, inasmuch as he is on bail in rest of the 15 other criminal cases, in which he is an accused. 6.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

7.

I have heard the learned counsel for the parties and perused the materials on record and I find that there is direct allegation against the petitioner of having assaulted the informant grievously and having snatched a golden chain from his neck apart from the fact that the petitioner is an accused in 15 other criminal cases, hence I do not find any reason to reconsider the case of the petitioner for grant of regular bail,

Patna High Court CR. MISC. No.76347 of 2023(4) dt.21-06-2024 3/3 more so, since there is no change in circumstance, thus, the present petition stands dismissed being bereft of any merit. (Mohit Kumar Shah, J) kanchan/- U T