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Patna High Court - Orders

Braj Nandan Rai @ Bij Nandan Rai vs The State Of Bihar on 4 August, 2014

Author: Aditya Kumar Trivedi

Bench: Aditya Kumar Trivedi

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.21833 of 2014
                    Arising Out of PS.Case No. -38 Year- 2014 Thana -KUDHNI District- MUZAFFARPUR
                 ======================================================
                 BRAJ NANDAN RAI @ BIJ NANDAN RAI SON OF LATE
                 CHANDRIKA RAI RESIDENT OF VILLAGE SUMERA AFJALPUR
                 TOLA CHAKIYA, P.S. KUDHANI DISTRICT MUZAFFARPUR.
                                                         .... .... PETITIONER/S
                                         VERSUS
                 THE STATE OF BIHAR                .... .... OPPOSITE PARTY/S
                 ======================================================
                 Appearance:
                 For the Petitioner/s  : Mr. Nachiketa Jha, Adv.
                 For the State         : Mr. M. Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
                                       ORAL ORDER

2   04-08-2014

Learned counsel for the petitioner seeks correction in the prayer portion of the petition in course of the day and the same is allowed.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

As the informant failed to oblige one Mohan Rai by paying Rs.50,000/-, it has been alleged that the Mohan Rai, Bij Nandan Rai (petitioner), Ravindra Kumar, Satendra Rai, Birendra Rai, Munna Rai, Niraj Rai assaulted sons of informant namely Pankaj Rai, Vijay Rai with lathi, snatched away locket from Pankaj Rai and during course thereof, Mohan gave lathi blow causing bleeding. They have also dismantled the boundary.

It has been submitted on behalf of petitioner that apart from carrying omnibus allegation as well as absence of criminal antecedent, is under custody since 28.03.2014. It has also been submitted that the learned lower court took pity over status of informant and that persuaded the learned lower court to reject the prayer.

Patna High Court Cr.Misc. No.21833 of 2014 (2) dt.04-08-2014

2

The learned Additional Public Prosecutor opposed the prayer.

Accordingly, petitioner Braj Nandan Rai @ Bij Nandan Rai is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., (West) Muzaffarpur in connection with Kudhani P.S. Case No.38 of 2014.

(Aditya Kumar Trivedi, J PN/-

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