Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40370 of 2024 Arising Out of PS. Case No.-242 Year-2020 Thana- MANER District- Patna ====================================================== 1.

Krishna Rai Son of Late Dhuman Rai Resident of Village - Mahinawan, P.S.- Maner, District- Patna.

2.

Pramod Rai @ Pramod Yadav Son of Krishna Rai Resident of Village - Mahinawan, P.S.- Maner, District- Patna.

3.

Bablu Rai @ Bablu Kumar Son of Krishna Rai Resident of Village - Mahinawan, P.S.- Maner, District- Patna.

4.

Harendra Rai Son of Krishna Rai Resident of Village - Mahinawan, P.S.- Maner, District- Patna.

5.

Prem Rai @ Prem Kumar Son of Krishna Rai Resident of Village - Mahinawan, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-07-2024 Heard Mr. Dewendra Narayan Singh, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Maner P.S. Case No. 242 of 2020 registered for the offence punishable under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., allegation is of assaulting the informant, his son and wife with various weapons causing head injury to the son of the informant, injury

Patna High Court CR. MISC. No.40370 of 2024(2) dt.03-07-2024 2/2 on right hand on the wife of the informant and also causing injury on the head of the informant.

4. Learned counsel appearing on behalf of the petitioners submitted that the injury sustained by the victims are simple in nature. Both the parties are agnates and there is land dispute between them. Due to the said dispute, scuffle took place between the parties and in course of fierce fight, both the sides sustained injury and the petitioners' side might have assaulted the informant's side which was in self defence and was not intentional.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made against the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur, Patna in connection with Maner P.S. Case No. 242 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T