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Abhay Kumar Rai v. The State of Bihar

Patna HC25 Mar 2022CR. MISC./19371/2021

Case brief

AI extract

What is this about?

High Court at Patna granted anticipatory bail to Abhay Kumar Rai in a case involving assault and attempted murder. The court noted a discrepancy between the alleged weapon and simple injuries sustained, releasing the petitioner on bond subject to CrPC conditions.

What did the court decide?

Petitioner directed to be released on bail in the event of arrest within 4 weeks, with Rs. 10,000 bond and two sureties.

Abhay Kumar Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19371 of 2021

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Arising Out of PS. Case No.-284 Year-2020 Thana- RAJPUR District- Buxar

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======================================================

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ABHAY KUMAR RAI Son of Vijadhar Rai Resident of Village - Barupur, P.S.- Rajpur, District - Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nil Kamal, Advocate For the Opposite Party/s : Mr. APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 25-03-2022 Heard Mr. Nil Kamal, learned Advocate for the petitioner and the learned APP.

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The petitioner seeks bail in anticipation of his arrest in connection with Rajpur P.S. Case No. 284 of 2020 dated 20.11.2020 instituted for the offences under Sections 341, 323, 504, 307 and 34 of the Indian Penal Code.

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Though the petitioner is alleged to have hurled tangi blow on the head of the informant but the injury suffered by him is stated to be simple in nature and that also, caused by hard and blunt substance.

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The learned counsel for the petitioner has submitted that tangi is a sharp-cutting weapon. He therefore urges that the injury report is not in consonance with the ocular testimony in the FIR.

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Patna High Court CR. MISC. No.19371 of 2021(2) dt.25-03-2022 2/2

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The learned counsel for the petitioner has further submitted that because of local politics and enmity, the petitioner has been named in the FIR.

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Regard being had to the general nature of accusation and the injuries suffered by the informant being simple in nature, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 284 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Ashutosh Kumar, J)

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krishna/-

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U T

Abhay Kumar Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Abhay Kumar Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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