Allowed

Dilip Rai v. the State of Bihar

Patna HC13 Jun 2022CR. MISC./5714/2022

Case brief

AI extract

What is this about?

In a bail matter, the Patna High Court granted release on bail to the petitioner in a criminal case involving Sections 307, 341, and 354B IPC, considering allegations were general, no specific charge against the petitioner existed, the matter was compromised, and he was in custody since December 2021.

What did the court decide?

Petitioner released on bail with a bond of Rs. 20,000 and two sureties, subject to conditions of attendance and non-violation of terms.

Dilip Rai Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5714 of 2022

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Arising Out of PS. Case No.-341 Year-2020 Thana- DIGHA District- Patna

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

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DILIP RAI Son of Dharamnath Rai @ Dharamnath Singh @ Loha Singh Resident of Village - Polson Road, Near Modern Public School, P.s.- Digha, P.O.- Digha, Distt.- Patna, Pin Code- 800011, (Bihar).

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Yogesh Chandra Verma, Sr. Advocate Mr. Shri Prakash Srivastava, Advocate For the Opposite Party/s : Mr.Ajit Kumar. APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

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ORAL ORDER

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2 13-06-2022

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today.

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In the present case, the petitioner seeks bail in connection with Digha P.S. Case No. 341 of 2020 registered for the alleged offences under Sections 307, 341, 354B and other minor sections of the Indian Penal Code.

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The prosecution case is that the petitioner along with other co-accused persons repeatedly assaulted the informant and his family members.

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Learned senior counsel for the petitioner has submitted that there is general allegation against the petitioner

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Patna High Court CR. MISC. No.5714 of 2022(2) dt.13-06-2022 2/3

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and co-accused persons and nothing specific has been attributed against the petitioner. Moreover, there is no specific allegation either under section 307 IPC or 354B IPC against the petitioner. Further, matter has been compromised between the parties and no useful purpose will be served by keeping the petitioner behind the bar in the present case and other co-accused persons have been granted privilege of anticipatory bail. Petitioner is in custody since 02.12.2021.

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Learned APP has opposed the prayer for bail.

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Having regard to the submission made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Patna/court concerned in connection with Digha P.S. Case No. 341 of 2020, subject to the following conditions:

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(i) One of the bailors will be a close relative of the petitioner, preferably one of the parents.

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the

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Patna High Court CR. MISC. No.5714 of 2022(2) dt.13-06-2022 3/3

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petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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s.hassan/-

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U T

Dilip Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Dilip 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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