Shravan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42189 of 2024 Arising Out of PS. Case No.-369 Year-2021 Thana- SIMRI District- Buxar ====================================================== 1.

Shravan Rai S/O Bikrama Rai R/O Village Ekauna, P.S. Simri, Distt-Buxar 2.

Shantosh Rai S/O Late Barhmeshwar Rai R/O Village Ekauna, P.S. Simri, Distt-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner, the State and

2. The petitioner is in custody in connection with Sessions Trial No. 349/2022 arising out of Simri P.S. Case No. 369 of 2021 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 426, 427, 504 and 506 of the Indian Penal Code lodged on 18.10.2021 by the informant, Kamlesh Rai.

3. Though earlier, the report was called for from the learned Trial Court, the same is cryptic and it is hard to be deciphered.

4. Learned counsel for the informant has come to the aid of the Court by providing the certified copy of the Trial No. 349 of 2022 to show that all the nine prosecution witnesses have

Patna High Court CR. MISC. No.42189 of 2024(3) dt.06-09-2024 2/2 been examined and now the case is for final hearing.

5. As per the prosecution story, it is alleged that while the informant was feeding his cow at his door, the accused persons including the two petitioners variously armed came there and at the instigation of Bikrama Rai, it is alleged that the petitioner Sharvan Rai gave 'Farsa' blow on the head of the son of the informant which hit his hand and further, accused Santosh Rai after giving order to kill also gave 'Farsa' blow to the cousin of the informant, as a result of his left hand was severed.

6. Considering the kind of allegations that have been levelled against both the petitioners namely Sharvan Rai and Santosh Rai and as the trial has reached the final stage, it would be appropriate that petitioners await the final outcome of the trial, this Court is not inclined to grant any relief to them and the bail application is hereby rejected.

7. It is expected that the trial will be taken to a logical conclusion at an earliest.

(Rajiv Roy, J) Adnan/- U T