Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41327 of 2021 Arising Out of PS. Case No.-588 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

KRISHNA RAI Son of - Jhama Rai Resident of Village - Police Line Chhota Telpa, P.S. - Chapra Town Dist. - Saran at Chapra. 2.

Parshuram Rai @ Nathuni Rai Son of Pachkori Rai Resident of Village - Police Line Chhota Telpa, P.S. - Chapra Town Dist. - Saran at Chapra. 3.

Kallu Kumar Son of - Krishna Rai Resident of Village - Police Line Chhota Telpa, P.S. - Chapra Town Dist. - Saran at Chapra. 4.

Parbhu Rai Son of Late Rudal Rai Resident of Village - Karinga, P.S. - Chapra Town Dist. - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-03-2022 Learned counsel for the petitioners seeks permission to withdraw the application of Krishna Rai (petitioner no.1) and Kallu Kumar (petitioner no.3).

Permission is accorded.

The application of Krishna Rai (petitioner no.1) and Kallu Kumar (petitioner no.3) is, accordingly, dismissed as withdrawn.

Heard both sides.

Petitioner Nos.2 and 4 apprehend their arrest in Chapra Town P.S. Case No.588 of 2020 registered under Section

Patna High Court CR. MISC. No.41327 of 2021(2) dt.04-03-2022 2/2 307 and other minor sections of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners have committed no offence and have falsely been implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather specific allegation of firing is against co-accused Rakesh Rai. The petitioners have got no criminal antecedent.

Having considered the above facts and circumstances of the case, petitioner nos.2 and 4, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing personal bonds to the satisfaction of learned C.J.M., Saran at Chapra in connection with Chapra Town P.S. Case No.588 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Arvind Srivastava, J) U T