Prem Sagar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83585 of 2023 Arising Out of PS. Case No.-514 Year-2022 Thana- DESARI District- Vaishali ====================================================== Prem Sagar Rai Son Of Late Misharilal Rai R/O Village- Bihjadi, P.S.- Desari, Dist.- Vaishali ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 447, 341, 323, 324, 325, 307, 427, 379, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner is said to have assaulted on the head of the informant by means of sharp edge weapon due to which he sustained injury. Other accused persons also assaulted the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Allegation against the petitioner to assault the informant on his head by means of sharp
Patna High Court CR. MISC. No.83585 of 2023(2) dt.04-01-2024 2/2 cut weapon but the injury report is not in-consonance with the prosecution case as there is no any injury on the head of the informant. It is also submitted that there is case and counter case, both parties have sustained injuries. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 13.9.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Desari (Sahdei OP) P.S. Case No. 514 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IX, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T