Patna High CourtCR. MISC./16485/2024bail granted

Krishna Rai v. The State Of Bihar

2024-07-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16485 of 2024 Arising Out of PS. Case No.-672 Year-2023 Thana- MADHAURAH District- Saran ====================================================== KRISHNA RAI S/O LATE SHIVNATH RAI R/O VILLAGE- OLHANPUR, P.S- MADHAURA, DISTT.- SARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avnish Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 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 Madhaura P.S. Case No. 672 of 2023 dated 24.10.2023 registered for the offence/s punishable u/s 341, 323, 324, 307, 504, 506, 427 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons armed with various weapons, boarded on two motorcycles came to the informant's house and the petitioner assaulted the informant's younger brother, Nagendra Rai with Dab on his head causing severe injury to him and the

Patna High Court CR. MISC. No.16485 of 2024(4) dt.24-07-2024 2/3 co-accused Rajkumar Rai also assaulted him. It is further alleged that the other accused persons also assaulted the informant's family members.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no repetition of blow on the head of the injured, Nagendra Rai. The petitioner had no intention to cause death of the injured. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that there is specific allegation against the petitioner and the injury is stated to be grievous in nature.

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, Saran, Chapra in connection with Madhaura P.S. Case No. 672 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.16485 of 2024(4) dt.24-07-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T