Raj Kumar Rai @ Babaji Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85192 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Raj Kumar Rai @ Babaji Rai Son of Late Lakshmi Rai Resident of Village - Rani Tola, Police Station- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 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 341, 323, 384, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other coaccused persons is that they came at the house of the informant and this petitioner assaulted the brother of the informant due to which he sustained injury. It is further alleged that they demanded ransom from the informant and threatened them.

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. It is further submitted from para-7 of this petition that there is case and counter case between

Patna High Court CR. MISC. No.85192 of 2023(2) dt.15-01-2024 2/2 both the parties and in regard to the said occurrence and FIR was lodged Bachhware P.S. Case No. 251 of 2023. The ransom demand was not executed. It is also submitted that petitioner is alleged to have assaulted the informant's brother with sharp edge weapon but the injury report suggests that injury caused by hard and blunt substance and in support of this, Annexure-P/2 has been annexed in this petition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.08.2023.

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 Bachhwara P.S. Case No. 250 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) Shubham/- U T