Krishna Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50893 of 2015 Arising out of PS.Case No. -183 Year- 2015 Thana -BARHARA District- BHOJPUR ======================================================

1. Krishna Rai, Son of Late Bharat Rai.

2. Narayan Rai, Son of Late Deoraj Rai.

3. Guru Rai @ Srikant Rai, Son of Krishna Rai. All residents of village - Lala Ke Tola, P.S. Barhara, District - Bhojpur at Ara ( Bihar ). .... .... Petitioners

Versus

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

For the Petitioners : Mr. Manoj Kumar, Advocate. For the Opposite Party : Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 Heard learned counsels for the petitioners, informant and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Barhara P.S. Case No. 183 of 2015 for the offences instituted under Sections 147, 148, 149, 323, 324, 307, 379 and 504 of the IPC.

The prosecution story, in brief, is that the petitioners alongwith other co-accused persons armed with weapons assaulted the father, uncle and brothers of the informant. The injuries were caused by Lathi, Danda and bricks.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners have

Patna High Court Cr.Misc. No.50893 of 2015 (4) dt.09-02-2016 2/2 falsely been implicated in the present case due to mistake of fact. From perusal of the injury report, it is evident that the nature of injury is simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the learned counsels for the informant and the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Barhara P.S. Case No. 183/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T