Ankit Rai @ Pyush Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19129 of 2018 Arising Out of PS.Case No. -419 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ankit Rai @ Pyush Rai, Son of Awadh Kishor Rai Resident of VillagePandey Tola, Police Station-Bettiah Muffasil, District-West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in Majhauliya P.S. Case No. 419 of 2017 registered under Sections 341, 323, 324 and 302/34 of the Indian Penal Code.
Petitioner is said to have assaulted on the left eye of the father of the informant by means of hasua and extracted his left eye while co-accused Niraj Rai @ Santosh Rai gave several blows on his head by means of butt of the gun resultantly he died over land dispute.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. He has been falsely implicated
Patna High Court Cr.Misc. No.19129 of 2018 (3) dt.18-05-2018 2/2 in the case by the informant due to land dispute and there is a case and counter case between the parties. Petitioner is simply said to have assaulted on the left eye of the victim by means of hasua and extracted his left eye, but the doctor has found only blackening around the left eye which is simple in nature. Moreover, said injury did not prove fatal as the doctor has opined the cause of death due to head injury allegedly inflicted by Niraj Rai @ Santosh Rai. The petitioner has been languishing in custody since 20.11.2017.
Learned APP and learned counsel for the informant opposed the prayer for bail.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhauliya P.S. Case No. 419 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T