Harindar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2953 of 2024 Arising Out of PS. Case No.-94 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Harindar Ray S/O Badar Ray @ Kadar Ray R/O Vill-Baghra, Mohanpur OP, P.S.Shahpur Patori @ Patory, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Sahpur Patori @ Patory( Mohanpur OP) PS Case No. 94 of 2023 dated 01-02-2023, instituted under Sections147,148,149, 341,323,307,379,504 and 506 of the IPC.

3. Allegation against the petitioner is that he assaulted the informant with 'Farsa' on his head causing head injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the injury report of the informant does not corroborate the allegation against the petitioner, as lacerated wound of Rt. Lower limb and Mid shaft (fracture) was found only on the body of informant, though the nature of injury is grievous caused by hard and blunt substance. The injury report of the

Patna High Court CR. MISC. No.2953 of 2024(2) dt.07-02-2024 2/2 informant has been annexed as Annexure P-2 to the bail petition. It is further submitted that no injury has been found on the head of the informant, as per the injury report. It is further submitted that there is case and counter case between the parties.Coaccused, namely, Trigun Ray has got registered a case against informant's side vide Shahpur Patrori PS Case No. 43 of 2023 for the offence punishable under Section 307 of the IPC and other allied sections of the IPC. The petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Samastipur, in Sahpur Patori @ Patory ( Mohanpur OP) PS Case No. 94 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U