Patna High CourtCR. MISC./81344/2023allowed

Sitaram Rai v. The State Of Bihar

2024-01-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81344 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== SITARAM RAI, Son of Late Jugut Rai, R/o Village - Laxminiya, P.S. - Shyampur Bhataha, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Shyampur Bhataha P.S. Case No. 47 of 2023 for the offence registered under Sections 447, 341, 323, 307, 379, 354(B), 504, 506, 34 of the I.P.C.

3. Allegation against the petitioner is that he has assaulted on the head of the informant's wife by means of iron rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. In fact, both the parties are pattidars and there is case and counter case between the parties. He

Patna High Court CR. MISC. No.81344 of 2023(2) dt.08-01-2024 2/2 further submits that the injury on the person injured is simple in nature. Petitioner has one criminal antecedent in which he is on bail. Petitioner is in judicial custody since 17.08.2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case and period of custody, let the petitioner, named above, 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 learned concerned court below in Shyampur Bhataha P.S. Case No. 47 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T