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2025 DAILYLAW 91245 (PAT)

Ram Awadhesh Rai v. The State of Bihar

CR. MISC./1823/2025 · 2025-03-19

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1823 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Ram Awadhesh Rai S/O Mahendra Rai R/O Naurangia, P.S.- Lakhaura, Dist.- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P 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) read with Section 3(5) of the Bhartiya Nyaya Sanhita. Subsequently, Section 103(1) of the B.N.S was added. 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 petitioner, Ram Awdhesh Rai and due to previous land related enmity, the petitioner, Ram Patna High Court CR. MISC. No.1823 of 2025(3) dt.19-03-2025 2/3 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 petitioner , 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 on account of land dispute. There is a case and counter- case between the parties. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by this court vide order dated 18.01.2025 passed in Cr. Misc. No. 85332/2024. The specific allegation of assault is against the co-accused, Brajesh Patna High Court CR. MISC. No.1823 of 2025(3) dt.19-03-2025 3/3 Rai. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.10.2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, 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, East Champaran in connection with Lakhaura P.S. Case No. 107 of 2024. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T