Krishna Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5273 of 2016 Arising Out of PS.Case No. -115 Year- 2014 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Krishna Rai

2. Vishwanath @ Bishwanath Rai

3. Sita Ram Rai

4. Jhagru Rai

5. Vicky Rai @ Vicky Kumar S/o Nagdeo Rai R/o village - Jafrabad Harnahiya, P.S. Raghopur ( Rustampur ), Distt. - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Raghopur P.S. Case No. 115 of 2014, registered for offences punishable under Sections 323, 341, 307, 354, 379/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the present case has been lodged after a lapse of almost three months from the date of alleged occurrence. It is further submitted that in an occurrence dated 09.08.2014, in which the petitioners were also made accused, Police has submitted its final form and had

Patna High Court Cr.Misc. No.5273 of 2016 (2) dt.23-02-2016 2/2 exonerated the petitioners stating that they were not present at the place of occurrence. Learned counsel for the petitioners further submits that it is only by way of vendetta, the petitioners have been roped into the present case. It is further submitted that save and except, the present case and the case bearing Raghopur P.S. Case No. 81 of 2014, the petitioners have no criminal antecedent. Considering the aforementioned facts and circumstances of the case and nature of allegation, let the petitioners above named, in the event of their 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, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. IVth, Vaishali at Hajipur in connection with Raghopur (Rustampur) P.S. Case No. 115 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) sunil/- U T