Prince Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86523 of 2024 Arising Out of PS. Case No.-446 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Prince Rai Son of Kamlesh Rai Resident of Village- Ghurahupur, P.S. - Brahmpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Brahmpur P.S. Case No. 446 of 2024 dated 10.10.2024 registered for the offences punishable under Sections 190, 191(2), 352, 351(2), 304(2), 115(2), 127(2), 109(1) of the B.N.S.

3. As per the prosecution case, the informant was cutting his hair at Saloon, in the meantime, the petitioner along with the co-accused persons entered the saloon and caught hold of the informant by the co-accused Piyush Rai and Santosh Rai, thereafter the petitioner assaulted the informant by an iron rod on his head due to which he sustained grievous injury. The coaccused, Vikash Gupta and Chandan Rai abused and assaulted the informant with lathi and danda. Thereafter, the co-accused, Piyush

Patna High Court CR. MISC. No.86523 of 2024(2) dt.05-02-2025 2/2 Rai snatched the golden chain when he was fleeing away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that at Annexure-P2, the injury is stated to be simple in nature. The petitioner has no concern with the alleged offence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.10.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the specific allegation of assault is against the petitioner.

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, Buxar in connection with Brahmpur P.S. Case No. 446 of 2024.

7. The application stands allowed.

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