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Patna High CourtCR. MISC./46589/2024allowed

Kishan Kumar Rai @ Kiran Raya @ Krishan Kumar Rai v. The State Of Bihar

2024-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46589 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.

Kishan Kumar Rai @ Kiran Raya @ Krishan kumar Rai S/O Dilip Rai RESIDENT OF VILLAGE- Goshala road,ward number 14, P.S- Madhubani town, DISTRICT- MADHUBANI 2.

Hira Rai @ Hira Kumar Rai S/O Bholi Rai RESIDENT OF VILLAGEGoshala road,ward number 14, P.S- Madhubani town, DISTRICTMADHUBANI 3.

Vijay Rai @ Vijay Kumar Rai S/O Jitendra Rai RESIDENT OF VILLAGEGoshala road,ward number 14, P.S- Madhubani town, DISTRICTMADHUBANI 4.

Sanny KUmar Rai @ Sani Kumar @ Sani Kumar Rai @ Shan Kumari S/O Dilip Rai RESIDENT OF VILLAGE- Goshala road,ward number 14, P.SMadhubani town, DISTRICT- MADHUBANI 5.

Jitendra Kumar Rai @ Jitendra Rai S/O Bholi Rai RESIDENT OF VILLAGE- Goshala road,ward number 14, P.S- Madhubani town, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 308, 354(B), 447, 379, 504/34 of the IPC.

3.

Allegation against the petitioners is that they assaulted the informant and his family members by means of various weapons.

Patna High Court CR. MISC. No.46589 of 2024(2) dt.24-07-2024 2/2 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. There was prior enmity between the parties. The injury of the injured were found simple in nature. Petitioner no.2 has three criminal antecedent and petitioner nos.1,3,4 and 5 have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injuries were found simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Madhubani Town P.S. Case No.24 of 2024, G.R. No.191 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T