Patna High CourtCR. MISC./78830/2024bail granted

Rajesh Kumar Rai @ Rajesh Rai @ Rajesh Yadav v. The State Of Bihar

2024-11-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78830 of 2024 Arising Out of PS. Case No.-204 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Rajesh Kumar Rai @ Rajesh Rai @ Rajesh Yadav S/o Sita Ram Rai Resident of Village- Hadipur, Ward No 10, PS- Bachwara, Distt. - Begusarai ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

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

For the Petitioner/s :

Mr.Saurav Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bachhwara P.S. Case No. 204 of 2023 dated 02.07.2023 registered for the offences punishable u/ss 341, 342, 308 and 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abused the informant and on being objected by the informant, the petitioner and the co-accused Ganesh Kumar assaulted him with iron punch with intent to kill which hit the back side of the head of the

Patna High Court CR. MISC. No.78830 of 2024(2) dt.13-11-2024 2/2 informant. The co-accused, Gorelal Rai also assaulted the informant with lathi causing severe injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The other co-accused person has already been granted bail by this court vide order dated 18.10.2023 passed in Cr. Misc. No. 67599/2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition by submitting that the informant sustained grievous injury.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Bachhwara P.S. Case No. 204 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T