Wakil Rai @ Dineshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18877 of 2020 Arising Out of PS. Case No.-569 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

WAKIL RAI @ DINESHWAR RAI Son of Seo Nath Rai Resident of Dahinyawa Dargah, P.S.- Chapra Town, Disrict- Saran. 2.

Santosh Rai Son of Seo Nath Rai Resident of Dahinyawa Dargah, P.S.- Chapra Town, Disrict- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary For the Opposite Party/s :

Mrs.Sharda Kumari For the informant :

Mr. Krishna Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 324, 307, 379, 302, 504 and 34 of the Indian Penal Code.

The prosecution case in short is that on account of parking of tractor, the accused persons came near the house of the informant and assaulted the informant and his family

Patna High Court CR. MISC. No.18877 of 2020(2) dt.10-07-2020 2/3 members in which son of the informant later succumbed to the injury.

It has been submitted on behalf of the petitioners that the petitioner no. 1 is in custody since 17.10.2019 and petitioner no. 2 is in custody since 22.11.2019 and have got no criminal antecedent. There is a case and counter case between the parties. General and omnibus allegation has been made against the petitioners. Special allegation of assault on the deceased is attributed against co-accused Jhagru Rai. No specific injury is attributed against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, are directed to be released on bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 569 of 2019.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection

Patna High Court CR. MISC. No.18877 of 2020(2) dt.10-07-2020 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T