Krishna Rai @ Krishna Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63824 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- PIPRAHI DistrictSheohar ====================================================== 1.

KRISHNA RAI @ KRISHNA KUMAR RAI S/o Late Ram Chandra Rai Resident of Village- Dhankaul, P.S.- Piprahi, District- Sheohar. 2.

Nand Lal Rai S/O- Ram Swaroop Rai Resident of Village- Dhankaul, P.S.- Piprahi, District- Sheohar.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sunil Kumar Verma, Advocate.

For the Opposite Party:

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 21.06.2019 in connection with Piprahi P.S. Case No. 105 of 2019 for the offences alleged under Sections 341, 323, 307, 302, 504, 506/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated in a dispute related to play of D.J. music at a barrat party which was objected to by the informant's side. There is case and counter case between the parties in which both sides have sustained injuries. Petitioner no. 1 Krishna Rai @ Krishna Kumar Rai is said to have assaulted the informant on his head with farsha, but there is no allegation of assault whatsoever against petitioner no. 2, Nand Lal Rai. The specific accusation of assault upon the informant's wife Bachni Devi (deceased) has been made against co-accused Indrajeet Rai and his son Dilip Rai,

Patna High Court CR. MISC. No.63824 of 2019(2) dt.11-12-2019 2/2 Rupesh Rai and Raushan Rai. Statement is made at the Bar that the informant sustained simple injury. The petitioners claim clean antecedents.

4. Be that as it may, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sheohar, in connection with Piprahi P.S. Case No. 105 of 2019 corresponding to G.R. No. 576 of 2019, on the following conditions- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T