Allowed¶25

Krishna Rai v. the State of Bihar

Patna HC24 Jul 2024CR. MISC./16485/2024

Case brief

AI extract

What is this about?

Patna High Court Cr.Misc. No.16485 of 2024; Krishna Rai v. State of Bihar; Madhaura P.S. Case No. 672 of 2023 (FIR dt. 24.10.2023), District Saran; offences u/s 341, 323, 324, 307, 504, 506, 427 read with Section 34 IPC; regular bail granted on 24-07-2024 by Justice Chandra Prakash Singh; petitioner in custody since 25.10.2023; bail-bond Rs. 20,000 with two like sureties; condition of attendance before Court below on every date; application allowed.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran, Chapra, subject to the condition of remaining physically present before the learned Court below on each and every date. ¶25

Krishna Rai Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether regular bail should be granted to the petitioner, Krishna Rai, in connection with Madhaura P.S. Case No. 672 of 2023 (offences punishable under Sections 341, 323, 324, 307, 504, 506, 427 read with Section 34 IPC), weighing the specific allegation of assault with grievous injury against the petitioner's claim of false implication, absence of intent, clean antecedents and period of custody.

¶15

Court's answer

Considering the facts, circumstances of the case and the period of custody, the petitioner was directed to be enlarged on regular bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Saran, Chapra.

¶21

Ratio / Principle

The bail is conditional: the petitioner must remain physically present before the learned Court below on each and every date, and failure to appear on two consecutive dates without reasonable cause will render the petitioner's bail bond liable to be cancelled.

¶24

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Judicature at Patna (Chandra Prakash Singh, J.), oral order dated 24-07-2024, Criminal Miscellaneous No.16485 of 2024 arising out of Madhaura P.S. Case No. 672 of 2023 (dated 24.10.2023), District Saran: Krishna Rai, in custody since 25.10.2023 and charged under Sections 341, 323, 324, 307, 504, 506, 427 read with Section 34 IPC, alleged to have assaulted the informant's younger brother Nagendra Rai with a 'Dab' on the head (injury stated to be grievous), enlarged on regular bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran, Chapra, conditioned on physical presence before the Court below on each and every date, default on two consecutive dates without reasonable cause rendering the bail bond liable to cancellation; application allowed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16485 of 2024

¶2

Arising Out of PS. Case No.-672 Year-2023 Thana- MADHAURAH District- Saran

¶3

======================================================

¶4

KRISHNA RAI S/O LATE SHIVNATH RAI R/O VILLAGE- OLHANPUR, P.S- MADHAURA, DISTT.- SARAN.

¶5

... ... Petitioner/s

¶6

Versus

¶7

THE STATE OF BIHAR BIHAR

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Avnish Kumar Singh For the Opposite Party/s : Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶10

ORAL ORDER

¶11

4 24-07-2024

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P for the State.

¶14

2 . The petitioner has preferred this application for

¶15

grant of regular bail in connection with Madhaura P.S. Case No. 672 of 2023 dated 24.10.2023 registered for the offence/s punishable u/s 341, 323, 324, 307, 504, 506, 427 read with section 34 of the Indian Penal Code.

¶16

3 . As per the prosecution case, the petitioner and the co-accused persons armed with various weapons, boarded on two motorcycles came to the informant's house and the petitioner assaulted the informant's younger brother, Nagendra Rai with Dab on his head causing severe injury to him and the

¶17

Patna High Court CR. MISC. No.16485 of 2024(4) dt.24-07-2024 2/3

¶18

co-accused Rajkumar Rai also assaulted him. It is further alleged that the other accused persons also assaulted the informant's family members.

¶19

4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no repetition of blow on the head of the injured, Nagendra Rai. The petitioner had no intention to cause death of the injured. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.10.2023.

¶20

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that there is specific allegation against the petitioner and the injury is stated to be grievous in nature.

¶21

6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran, Chapra in connection with Madhaura P.S. Case No. 672 of 2023, with a condition/s:-

¶22

( i ). The petitioner is directed to remain physically

¶23

Patna High Court CR. MISC. No.16485 of 2024(4) dt.24-07-2024 3/3

¶24

present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

¶25

7 . The application stands allowed.

¶26

(Chandra Prakash Singh, J)

¶27

guddukr/-

¶28

U T

Krishna Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Krishna Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mahango Manjhi @ Mukhlal Kumar Vs the State of Bihar

Vijay Kumar Mehta@Rajesh Kumar Mehta @ Vijay Kumar Vs The State of Bihar

Ranjit Kumar Vs The State of Bihar

Ranjeet Kumar Mahto Vs The State of Bihar

Sanjay Manjhi Sadhu Vs The State of Bihar

Kanchan Devi Vs The State of Bihar