Kishori Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71823 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- AKILPUR District- Saran ====================================================== 1.

KISHORI RAI Son of Late Baldeo Rai Resident of Village - Nav Diyari, P.S. - Akilpur, District - Saran at Chapra.

2.

Bimlesh Rai Son of Kishori Rai Resident of Village - Nav Diyari, P.S. - Akilpur, District - Saran at Chapra.

3.

Darshan Rai Son of Late Baldeo Rai Resident of Village - Nav Diyari, P.S. - Akilpur, District - Saran at Chapra.

4.

Ajay Rai Son of Darshan Rai Resident of Village - Nav Diyari, P.S. - Akilpur, District - Saran at Chapra.

5.

Pintu Rai Son of Darshan Rai Resident of Village - Nav Diyari, P.S. - Akilpur, District - Saran at Chapra.

6.

Anil Rai Son of Ram Pravesh Rai Resident of Village - Nav Diyari, P.S. - Akilpur, District - Saran at Chapra.

7.

Ramesh Rai Son of Lal Babu Rai Resident of Village - Nav Diyari, P.S. - Akilpur, District - Saran at Chapra.

8.

Niraj Rai Son of Anil Rai Resident of Village - Nav Diyari, P.S. - Akilpur, District - Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-06-2022 Heard learned counsel for the petitioners and learned APP for the State in all the above three bail petitions. Learned counsel for the petitioners undertake to remove the defects, as pointed out by the office within three weeks on resumption of physical mode, failing which the office is directed to place the matter before the Bench.

Patna High Court CR. MISC. No.71823 of 2021(2) dt.13-06-2022 2/3 The petitioners apprehend their in case registered for the offence punishable under Sections 143, 341, 323, 324, 354(B), 307, 379, 504, 506 of the Indian Penal Code. Allegation against the petitioners is that they assaulted the informant.

Learned counsel for the petitioners submits that the petitioners are quite innocent and have not committed any offence and have falsely been implicated in this case. There is specific allegation against accused Ajay Rai who assaulted Dineshwar Rai causing injury on his leg. The main allegation against the co-accused Ashok Rai is to assault the informant with lathi and spade with an intention to kill. There is general and omnibus allegation against the petitioners. Injuries are simple in nature of the injured Dineshwar Rai and the petitioners have got no criminal antecedent as stated at para 3 of the bail petition. Learned APP for the State opposed the prayer for bail petition.

Considering the above facts and circumstances, the petitioners, above-named, in the event of their arrest or surrender, within six weeks from today, is directed to be released on bail on furnishing bail-bond of Rs.10,000/- (Rupees

Patna High Court CR. MISC. No.71823 of 2021(2) dt.13-06-2022 3/3 Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Saran at Chapra, in connection with Akilpur P.S. Case No. 38 of 2021, subject to the condition as laid down under Section 438(2) Cr.P.C.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T