Pannalal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76930 of 2023 Arising Out of PS. Case No.-362 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Pannalal Ray Son of Late Jyotik Ray Resident of village - Aamgachhi, P.S.- Chiraya, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajesh Kumar, Advocate For the State :

Mr. Anuj Kumar Shrivastava, 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 Chiraya P.S. Case No. 362 of 2023 instituted for the offence under Sections 341, 324, 323, 307, 427, 447, 448, 379, 504 and 506/34 of the Indian Penal Code.

3.

As per prosecution case, it is alleged that ten accused persons, including the petitioner, have assaulted the informant by various means and his family members. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-07-2023. Petitioner has no criminal antecedents.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.76930 of 2023(2) dt.04-12-2023 2/3 counsel that petitioner has been falsely implicated in the present case due to dirty politics. There is subsisting land dispute between the parties. Insofar as injury report is concerned, Doctor has found lacerated wound on head of the informant. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of allegation and the fact that there is subsisting land dispute between the parties, this Court is inclined to grant bail to the petitioner.

8.

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 Chiraya P.S. Case No. 362 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to

Patna High Court CR. MISC. No.76930 of 2023(2) dt.04-12-2023 3/3 cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T