Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62438 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- AKILPUR District- Saran ====================================================== 1.

Krishna Rai Son of Dharamnath Rai Resident of Village- Pakauliyan (Pakwalia), PS -Akilpur, Distt.- Saran at Chapra (Bihar) 2.

Sonu Kumar Son of Krishna Rai Resident of Village- Pakauliyan (Pakwalia), PS -Akilpur, Distt.- Saran at Chapra (Bihar) 3.

Ravi Kumar Son of Krishna Rai Resident of Village- Pakauliyan (Pakwalia), PS -Akilpur, Distt.- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemendra Prasad Singh, Sr. Adv.

Mr.Kamlesh Prasad Yadav, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 341, 323, 307, 504 IPC. 3.

As per the prosecution case, the petitioner nos.1 and 3 are alleged to have caught hold of the informant and one Nishu Kumar and the petitioner no.2 assaulted on the head of informant by danda and iron rod.

4.

It is submitted by learned Senior 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. The occurrence is alleged to have taken place on 12.02.2024 and the complaint petition has been

Patna High Court CR. MISC. No.62438 of 2024(2) dt.01-10-2024 2/2 filed on 06.04.2024, i.e. after delay of more than one and a half month, without giving any plausible explanation, which itself creates doubt about the prosecution case. On the basis of the complaint petition, F.I.R. was lodged against the petitioners. It is further submitted that the injury of the informant has been found simple in nature, which is clear from Annexure-2 of the bail petition and petitioners 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 injury has been 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 Akilpur P.S. Case No.51 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