IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85332 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== BRAJESH RAI @ BRAJESH KUMAR S/o Rameshwar Rai @ Rameshwar Roy R/o vill - Naurangiya, P.S. - Lakhaura, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manjeet Kumar Mishra, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 18-01-2025 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 Lakhaura P.S. Case No. 107 of 2024 dated 05.09.2024 registered for the offences punishable under Section 126(2), 115(2), 109(2), 76, 303(2), 352, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita. 3. As per the prosecution case, when the informant’s grandson, Deepak Kumar went to drink water from hand pump located at the door of the co-accused, Ram Awdhesh Rai and due to previous land related enmity, the co-accused, Patna High Court CR. MISC. No.85332 of 2024(2) dt.18-01-2025 2/3 Ram Awdhesh Rai assaulted the informant’s grandson. It is further alleged that when the informant and his elder brother, Mangal Rai went to ask them about the incident then the co- accused, Ram Awdhesh Rai started abusing them and on the exhortation of the co-accused Ram Wakil Rai, the accused Brajesh Rai assaulted the informant’s elder brother with lathi on his head due to which he sustained grievous injury and got brain haemorrhage and fell unconscious on the ground. Thereafter, when the informant came to rescue, he was also assaulted with farsa by the co-accused persons Lalandeo Rai and Akhilesh Rai. When the informant’s daughter-in-law came to rescue, the co-accused, Ramnavi Rai outraged her modesty and also assaulted her by catching hold of her hair and dragged her on the ground and snatched a golden chain. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. There is case and counter case between both the parties. The petitioner and informant are close agnates. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.09.2024. Patna High Court CR. MISC. No.85332 of 2024(2) dt.18-01-2025 3/3 5. Learned A.P.P. for the State has opposed the bail petition of the petitioner. At para-61 of the case diary, the injured Mangal Rai died on 17.09.2024. 6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Lakhaura P.S. Case No. 107 of 2024, pending in the Court of learned C.J.M., East Champaran, Motihari. 7. The application stands rejected. Shivam/- (Chandra Prakash Singh, J) U T