Surat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79318 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- MASHRAK District- Saran ====================================================== Surat Rai Son Of Late Jagdeo Rai R/O Village- Bangra, P.S.- Mashrakh, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 341, 323, 325, 307, 34 of the Indian Penal Code.

It is a case of assaulting to the informant and other family members. It is specifically alleged against co-accused Tarkeshwar Rai that he caused injuries on the head of the mother of the informant with iron khanti,

Patna High Court CR. MISC. No.79318 of 2023(3) dt.15-01-2024 2/3 as a result of which, she sustained injuries on her head and succumbed to the injuries during treatment. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner of pelting bricks along with other accused persons. The specific allegation of assaulting with iron khanti on the head of the deceased is against co-accused Tarkeshwar Rai. The petitioner is languishing in custody since 12.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.79318 of 2023(3) dt.15-01-2024 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Mashrakh P.S. Case No. 276 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T